Killebrew v. . Hines
Supreme Court of North Carolina
Vendor and Vendee — Crops—Mortgagor and Mortgagee — Lien. Civil action, tried before MacRae, J., upon exceptions to a report, at Spring Term, 1889, of Edgecombe Superior Court.
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Vendor and Vendee — Crops—Mortgagor and Mortgagee — Lien. Civil action, tried before MacRae, J., upon exceptions to a report, at Spring Term, 1889, of Edgecombe Superior Court. The plaintiffs contracted in writing on the first day of January, 1882, to sell to the defendant Hines a tract of land, and the following is a copy of that contract: “Articles of agreement, between John I. Killebrew and Joshua Bullock, of the first part, and Joshua Hines, Ashley Hines and AVatson Hines of the second part, wit-nesseth: That the said Hineses are to pay to Killebrew & Bullock fifteen bales of good cotton…
1ConcurrenceMerkiMON, J.
It seems to be suggested, by implication, in the opinion of the Court in this case, that something, not specified, was decided in Brewer v. Chappell, 101 N. C., 251, and Coor v. Smith, Id. 261, inconsistent with what is decided in this case, and to that extent they are overruled. In my judgment, such suggestion is unfounded. Those cases were well considered by the Court, and, I think, *195correctly decided. The application of the law in them is sustained by reason and the authorities cited, and many others that might have been cited; and they are not inconsistent with, certainly, the substance of…
2Cases cited7 opinions
- Allen v. . TaylorSupreme Court of North Carolina · 1887
- Dail Bro. v. . FreemanSupreme Court of North Carolina · 1885
- Jones v. . HillSupreme Court of North Carolina · 1870
- Hill v. . NicholsonSupreme Court of North Carolina · 1885
- Whitehurst v. . Gaskill and AnotherSupreme Court of North Carolina · 1873
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