Bond v. . Coke
Supreme Court of North Carolina
Civil actioN for claim and delivery of a certain cotton gin and press, tried at the Spring Term, 1874, of the Superior Court of ChowaN county, before his Honor, Judge Albertson, and a jury. In August-, 1870, the plaint A' conveyed a tract of land to Pruden, in trust to secure the payment of certain debts.
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Civil actioN for claim and delivery of a certain cotton gin and press, tried at the Spring Term, 1874, of the Superior Court of ChowaN county, before his Honor, Judge Albertson, and a jury. In August-, 1870, the plaint A' conveyed a tract of land to Pruden, in trust to secure the payment of certain debts. In the Fall of that year, the plaintiff, continuing to occupy and' cultivate the land, and for its more beneficial enjoyment, built upon it a gin house in which he placed a cotton gin and press. The press was solidly fastened to the house, and the gin was confined in the usual way, by strips…
1Opinion of the Court
ByNüm, J.,
after stating the facts of the case as above, proceeded :
In the cas.e of Latham v. Blakely, 70 N. C. Rep., 368, decided at last term, this Court, in a very similar case of facts, .•upon a thorough review of all the conflicting authorities, held that the gin was a fixture. That case governs this as to the ■status of the gin and press, which we declare to be fixtures to .the land and a part of the freehold.
The case is not altered by the fact that these fixtures were erected subsequent to the mortgage. In Winslow v. The Merchants Ins. Co., 4 Metcalf, 306, it was held that a steam…
2Cases cited1 opinion
- Latham v. . BlakelySupreme Court of North Carolina · 1874
3Cited by19 opinions
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Brown v. RolandTexas Supreme Court · 1898
- Horne v. . SmithSupreme Court of North Carolina · 1890
- Foote v. . GoochSupreme Court of North Carolina · 1887
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