McDowell v. Lockhart
Supreme Court of North Carolina
Conditional Sales — Mortgages—Deeds in Trust— Creditors — Purchasers for Value — Registration—Delivery. This was a civil ACTION pending in the Superior Court of ANSON County, and heard by Avery, Judge, at Chambers, on Spring Circuit, 1885, upon a case agreed. • There was judgment- for the defendant, from which the plaintiffs appealed.
1Opinion of the CourtSmith, C. J.
On February 27, 1884, in pursuance of an application in writing made by G. J. Redfearn to the Barn Safe Company, the latter sold and delivered to him a Number 6 Iron Safe, at the price of one hundred and ten dollars, in which is contained the following stipulation :
“ It is agreed that the title of said safe shall not pass until notes are paid, or safe paid for in cash, but shall remain your (the vendor’s) property until that time.” The purchase money has not been paid, nor has the coutract been proved and admitted to registration.
On December 16, 1884, Redfearn becoming insolvent, made an…
2Cases cited5 opinions
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Clayton v. . HesterSupreme Court of North Carolina · 1879
- McKay v. . GilliamSupreme Court of North Carolina · 1871
- Vasser v. J. A. Buxton & Co.Supreme Court of North Carolina · 1882
- Moore v. . RaglandSupreme Court of North Carolina · 1876
3Cited by36 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910
- Sykes v. EverettSupreme Court of North Carolina · 1914
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