Jno. S. Reese & Co. v. Cole
Supreme Court of North Carolina
Agricultural Advancements — Liens—Registration—Contract. This was an action tried before Clark, Judge, at Fall Term, 1885, of the Superior Court of Johnston county, to enforce a paper writing purporting to be an agricultural lien, which is in these words, to-wit; BentoNSVILLE, Johnston Co., N. C., May 1st, 1884. $225.00. On or before the first day of November next, I promise to pay to John S. Reese & Co., of Baltimore, Md., or order, two hundred and twenty-five dollars for…
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Agricultural Advancements — Liens—Registration—Contract. This was an action tried before Clark, Judge, at Fall Term, 1885, of the Superior Court of Johnston county, to enforce a paper writing purporting to be an agricultural lien, which is in these words, to-wit; BentoNSVILLE, Johnston Co., N. C., May 1st, 1884. $225.00. On or before the first day of November next, I promise to pay to John S. Reese & Co., of Baltimore, Md., or order, two hundred and twenty-five dollars for value received in fertilizers delivered to me by L. Richardson, agent for said John S. Reese & Co. It is agreed that…
1Opinion of the CourtSmith, C. J.
The only question before us is as to the legal efficacy of the sealed instrument, executed by the defendant in conferring a right to the property or to the possession of it.
The section of the statute which gives the lien for advances to be used in making the crop, contains the following proviso: Provided, an agreement in writing shall be entered into before any suoh advance is made, in which shall be specified the amount to be advanced, or in which a limit shall be fixed, beyond which the advances, if made from time to time during the year, shall not go; which agreement shall be recorded in…
2Cases cited5 opinions
- Womble v. . LeachSupreme Court of North Carolina · 1880
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- Clark v. . FarrarSupreme Court of North Carolina · 1876
- McKay v. . GilliamSupreme Court of North Carolina · 1871
- Gay v. . NashSupreme Court of North Carolina · 1878
3Cited by9 opinions
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- Farthing v. CarringtonSupreme Court of North Carolina · 1895
- Farthing v. . CarringtonSupreme Court of North Carolina · 1895
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