Wray v. Harris
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1877, of Wake Superior Court, before Schenck, J. The plaintiff instituted this action to recover a balance due from the defendant on a contract for building a cotton gin, &c., and claimed a lien upon the same and the land •whereon it was situated by virtue of the following notice of lien: “P. J. WRAY, YS. James H. Harms. i Mechanics lien.
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Civil Action tried at January Special Term, 1877, of Wake Superior Court, before Schenck, J. The plaintiff instituted this action to recover a balance due from the defendant on a contract for building a cotton gin, &c., and claimed a lien upon the same and the land •whereon it was situated by virtue of the following notice of lien: “P. J. WRAY, YS. James H. Harms. i Mechanics lien. The above named P. J. Wray files his notice and claim of lien in the office of the Superior Court Clerk for Wake County. Said claim is for work and labor done and materials furnished for the said J. H Harris upon…
1Opinion of the CourtRodmaN, J.
It is very clear that the claim'of lien filed im the office of the Clerk of the Superior Court does not come> up to the requirements of the Act. Bat. Rev. ch. 65, § 4.. ■It does not specify in detail the materials furnished or la-• bor performed, or give the dates at which the materials were; furnished or the labor was performed. The date given in.' the claim was evidently intended only as the date when it; *79was put in writing for the purpose of being filed. Such, liens are tbe creatures of the statute and its requirements-must be substantially observed.
Per Curiam. Judgment affirmed.
2Cited by9 opinions
- Cook v. . CobbSupreme Court of North Carolina · 1888
- Raeford Lumber Co. v. Rockfish Trading Co.Supreme Court of North Carolina · 1913
- King v. . ElliottSupreme Court of North Carolina · 1929
- Lowery v. HaithcockSupreme Court of North Carolina · 1953
- G. W. Jefferson & Bros. v. BryantSupreme Court of North Carolina · 1913
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