Harris v. . Jones
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1880, of Wilson Superior Court, before Avery*, j. The ease was submitted to the court upon the following facts agreed : On December 11th, 1877, one W. H. Bishop executed to Mollie Bardin a note under seal and a paper writing purporting tobe a mortgage to secure the same, which are as follows: $125. On demand Nov. 1st, 1878,1 promise to pay Mollie R. Bardin or order one hundred and twenty-five dollars for value received for one bay horse.
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Civil Action, tried at Spring Term, 1880, of Wilson Superior Court, before Avery*, j. The ease was submitted to the court upon the following facts agreed : On December 11th, 1877, one W. H. Bishop executed to Mollie Bardin a note under seal and a paper writing purporting tobe a mortgage to secure the same, which are as follows: $125. On demand Nov. 1st, 1878,1 promise to pay Mollie R. Bardin or order one hundred and twenty-five dollars for value received for one bay horse. Dec. 11,1877. (Signed) W. H. Bishop [seal.] These presents between William H. Bishop of the county of Jones and state of…
1Opinion of the CourtAshe, J.
The record in this case presents three questions for the consideration of this court.
1. Are tire words “.conveys a lien upon each and every of said crops to be cultivated and made upon the said land or farm during the year ” used in the deed, executed by the said Bishop to Moliie Bardin, sufficient to create a mortgage?
2. Can a mortgage be given upon an unplanted crop ?
3. Was Craven the proper county for the registration of the mortgage?
Upon the first point we are of opinion the language used in the deed is sufficient to constitute a mortgage. “No particular form is necessary to constitute a…
2Cases cited3 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- De Leon v. HigueraCalifornia Supreme Court · 1860
3Cited by12 opinions
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Woodlief v. . Harris and ParhamSupreme Court of North Carolina · 1886
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- Lumbert v. WoodardIndiana Supreme Court · 1896
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