Windsor Bargain House v. Watson
Supreme Court of North Carolina
AotioN of claim and delivery, to enforce a lien and mortgage on defendant’s property, tried* before O. E. Allen, J., and a jury, May Term, 1908, of Rertie.
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AotioN of claim and delivery, to enforce a lien and mortgage on defendant’s property, tried* before O. E. Allen, J., and a jury, May Term, 1908, of Rertie. Eormal execution of the lien, containing in addition a chattel mortgage on the property seized, a mule and farm cart, having been admitted, issues were submitted and responded to by the jury as follows: 1. “Is the defendant indebted to the plaintiff, and, if so, in what amount?” Answer: “Yes; $88.85.” 2. “What part of said debt, if any, was a debt of the previous years?” Answer: “Seventy-eight dollars and ten cents.” 3. “Did the defendant…
1Opinion of the Court
.IIoice, J.,
after stating the case: The evidence tended to show that plaintiff had a valid agricultural lien on the crop of defendant for 1905, the instrument containing in addition a chattel mortgage on the defendant’s mule and cart, the property seized by process in the present action; that advancements were made for the year 1905, and in March, 1906, defendant, having paid the account, except $78.10, had enough of the crop and property in hand to pay the plaintiff’s claim in full, but on defendant’s application it was agreed that defendant might retain the crop of 1905, together with the…
2Cases cited5 opinions
- Davison v. Gregory.Supreme Court of North Carolina · 1903
- Clark v. . FarrarSupreme Court of North Carolina · 1876
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
- Brown v. . BrownSupreme Court of North Carolina · 1891
- Thigpen v. . MagetSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Paine v. Copper Belle Mining Co.Arizona Supreme Court · 1911