Woody v. . Jones
Supreme Court of North Carolina
Appeal from a Justice of the Peace, heard at August Term, 1893, of Person Superior Court, before Brown, J, a jury trial being waived, and the only plea set up being the statute of limitations. The action was begun March 29, 1893, for the recovery of the possession of a horse, which was admitted to be worth less than fifty dollars, thus giving jurisdiction to the Justice.
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Appeal from a Justice of the Peace, heard at August Term, 1893, of Person Superior Court, before Brown, J, a jury trial being waived, and the only plea set up being the statute of limitations. The action was begun March 29, 1893, for the recovery of the possession of a horse, which was admitted to be worth less than fifty dollars, thus giving jurisdiction to the Justice. This horse was the property of Isaac Wilson, who on December 3, 1886, conveyed it by chattel mortgage to John F. Woody, who assigned the note and mortgage to plaintiff on January 2, 1889. The mortgage was duly registered in…
1Opinion of the Court
MacRae, J.:
We concur with his Honor in his conclusion that upon the facts of this case the action is not barred by the statute of limitations. The defendant has had possession of the horse for about four years. At the time when he acquired possession the mortgage had been registered in the county of Person, where all parties to the sale resided, and the registration was notice to the world of the lien of the mortgagee. Parker v. Banks, 79 N. C., 480. The fact that the sale and delivery by mortgagor to defendant was in Virginia cannot affect the rights of the mortgagor or his assignee, the…
2Cases cited2 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
3Cited by6 opinions
- Ownbey v. . Parkway Properties, Inc.Supreme Court of North Carolina · 1942
- Powell v. . SikesSupreme Court of North Carolina · 1896
- Woodlief v. Wester.Supreme Court of North Carolina · 1904
- Demai v. . TartSupreme Court of North Carolina · 1942
- American Agricultural Chemical Co. v. WilliamsonSupreme Court of North Carolina · 1926
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