Skinner v. Thomas
Supreme Court of North Carolina
Civil actioN tried before Bond, J., on case agreed, at January Term, 1916, of PasquotaNK. This is an action to recover an automobile or a part of tbe proceeds of its sale, tried on tbe following agreed statement of facts: 1. Tbat on or about 23 April, 1915, one Eicbard C. Webb was tbe owner of a Ford touring car No. 566967, purchased of tbe Auto and Gas Engine Works of Elizabeth City, N. 0. 2. That on 23 April, 1915, said Eicbard Webb executed a mortgage on said automobile…
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Civil actioN tried before Bond, J., on case agreed, at January Term, 1916, of PasquotaNK. This is an action to recover an automobile or a part of tbe proceeds of its sale, tried on tbe following agreed statement of facts: 1. Tbat on or about 23 April, 1915, one Eicbard C. Webb was tbe owner of a Ford touring car No. 566967, purchased of tbe Auto and Gas Engine Works of Elizabeth City, N. 0. 2. That on 23 April, 1915, said Eicbard Webb executed a mortgage on said automobile to tbe Auto and Gas Engine Works of Elizabeth City, N. C., in tbe amount of $425. 3. That there is now due on account of…
1Opinion of the CourtAlleN, J.
The plaintiffs sold an automobile to Richard Webb on 23 April, 1915, for $425, and on the same day Webb executed a mortgage to the plaintiffs conveying the automobile to secure the purchase price. Webb has made payments on the mortgage debt, and .the amount now due thereon, including interest, is $288.10.
On or about 7 December, 1915, the automobile was seized by officers of the law, while in the possession of Webb, and it was at the time being-used illegally to transport intoxicating liquors. Webb has been convicted of a violation of law.
The plaintiffs had no knowledge of the illegal use of…
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