Legal Opinion

Smith v. Clerk of Superior Court

Court of Appeals of North Carolina

Decided June 18, 1969No. 6923SC146PublishedCited by 4 opinions

1Opinion of the CourtCampbell, J.

The determinative facts in the instant case are not in dispute. The Harris judgment established a lien against the real estate and the improvements thereon as of 22 May 1965, the date the materials were first furnished. The Air Control judgment, likewise, established a lien against the real estate and the improvements thereon as of 6 July 1965, the date it first furnished materials. By virtue of the statutory provisions permitting such liens to date back to the time materials were first furnished for these improvements, both of the judgments predated the deed of trust, which established a…

2Cases cited5 opinions

  1. Equitable Life Assurance Society of the United States v. BasnightSupreme Court of North Carolina · 1951
  2. National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
  3. DIXIELAND REALTY COMPANY v. WysorSupreme Court of North Carolina · 1967
  4. McNeal Pipe & Foundry Co. v. HowlandSupreme Court of North Carolina · 1892
  5. McMillan v. . WilliamsSupreme Court of North Carolina · 1891

3Cited by4 opinions

  1. Schiphof v. SchiphofCourt of Appeals of North Carolina · 2008
  2. Banks v. HunterCourt of Appeals of North Carolina · 2017
  3. Rafaeli LLC v. Oakland CountyMichigan Supreme Court · 2020
  4. Rafaeli LLC v. Oakland CountyMichigan Supreme Court · 2020

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