Legal Opinion

Perry v. . Bragg

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 2 opinions

This was a civil action, tried on a statement of facts agreed after an appeal from a Justice of the Peace at April Term, 1892, of the Superior Court of Granville County, Whitaker, J., presiding.

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This was a civil action, tried on a statement of facts agreed after an appeal from a Justice of the Peace at April Term, 1892, of the Superior Court of Granville County, Whitaker, J., presiding. The case agreed was as follows: “That on the 21st day of February, 1888, one Ira N. Pur-kerson, a resident of the county of Granville, executed and delivered to the plaintiffs, residents of the county of Franklin, the agricultural lien and chattel mortgage hereto annexed marked ‘ Exhibit A,’ on which there is .now due the sum of fifty dollars with interest. That the- same was probated by a Justice of…

1Opinion of the CourtAvery, J.

after stating the ease: The plaintiffs offered in evidence a chattel mortgage, executed to them by one Ira N. Purkerson, which had been proven before the Clerk of the Superior Court of Franklin County, and to which his certificate, attested by seal, had been affixed in proper form. The defendant excepted to the ruling of the Court that the mortgage was competent, on the ground that in the. registry of it in Granville County the seal of the Clerk was not recorded.

In Freeman v. Hatley, 3 Jones, 115, the Court, after distinguishing the cases where an examination is taken out of the State, and…

2Cases cited4 opinions

  1. Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
  2. Love's Executors v. . HarbinSupreme Court of North Carolina · 1882
  3. Jordan v. . BryanSupreme Court of North Carolina · 1889
  4. Smith v. . TindallSupreme Court of North Carolina · 1890

3Cited by2 opinions

  1. Long v. . CrewsSupreme Court of North Carolina · 1893
  2. Richmond Cedar Works v. PinnixDistrict Court, E.D. North Carolina · 1913

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