Legal Opinion

Penn Lumber Co. v. McPherson

Supreme Court of North Carolina

Decided November 3, 1903PublishedCited by 4 opinions

ActioN by the Penn Lumber Cbmpany against D. J. McPherson, heard by Judge O. H. Allen at May Term, 1903, of the Superior Court of Mooee County. From a judgment for the defendant the plaintiff appealed.

1Opinion of the CourtOoNNOR, J.

It is alleged in the complaint that the defendant executed his notes, aggregating one thousand dollars, payable to the plaintiff. That on the same day he executed to the plaintiff a mortgage on certain personal property therein described, which mortgage w'as duly recorded. That, although past due, no part of the notes have been paid. That the defendant wrongfully and unlawfully withholds the possession of said property, although the plaintiff has demanded the same; that at the institution of this action the plaintiff procured from, the Clerk a requisition for the immediate possession of said…

2Cases cited5 opinions

  1. Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
  2. Etheridge v. . WoodleySupreme Court of North Carolina · 1880
  3. Murchison v. . PlylerSupreme Court of North Carolina · 1882
  4. Austin v. . SecrestSupreme Court of North Carolina · 1884
  5. Livingston v. . FarishSupreme Court of North Carolina · 1883

3Cited by4 opinions

  1. Dameron v. . CarpenterSupreme Court of North Carolina · 1925
  2. Crew v. ThompsonSupreme Court of North Carolina · 1966
  3. Perry v. DoubSupreme Court of North Carolina · 1959
  4. J. H. Hayes Woolen Co. v. McKinnonSupreme Court of North Carolina · 1894

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