Robinson, Probate Judge v. . Ezzell, Register
Supreme Court of North Carolina
Civil Action, to recover certain fees, commenced in a Justice Court, in the county of Wayne, and carried by appeal before liis Honor, Judge Clarice, at Chambers, and determined by him on the 13th day of April, 1874. The facts are substantially the following : On the 28th day of March, 1874, a paper writing purporting to be a chattel mortgage from one Collier to one Woodard, executed, on the 10th March, 1874, was delivered to the plaintiff, as Probate Judge, for his…
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Civil Action, to recover certain fees, commenced in a Justice Court, in the county of Wayne, and carried by appeal before liis Honor, Judge Clarice, at Chambers, and determined by him on the 13th day of April, 1874. The facts are substantially the following : On the 28th day of March, 1874, a paper writing purporting to be a chattel mortgage from one Collier to one Woodard, executed, on the 10th March, 1874, was delivered to the plaintiff, as Probate Judge, for his certificate of probate, and for delivery to the Register of Deeds of said county the defendant herein, to be recorded. The…
1Opinion of the CourtRodman, J.
It was properly admitted in this Court that a mortgage of a crop to be grown either not planted, or immature, was a chattel mortgage, and that the defendant was entitled to a fee of twenty cents only upon its registration. Nothing is better settled upon authority than that fruoíus in- dustriales, although still growing or even if unplanted, are chattels. Benjamin on Sales, 95, 103, cites numerous cases to that effect upon the English Statute of Frauds.
The counsel for the defendant contends here however that the sixty cents here sued for, was paid voluntarily, with a full knowledge of the…
2Cited by13 opinions
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- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Wooten v. . HillSupreme Court of North Carolina · 1887
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