Legal Opinion

Coor v. . Smith

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 8 opinions

This is a civil ACTION, which was tried before Shipp, J., at Spring Term, 1888, of WaYNE Superior Court. The following is so much of the case stated on appeal as need he repeated here: It was agreed that the crop, the detention of which was the subject of this action, was raised during the year 1887 by the defendant on land bought by him of the plaintiffs on December 6th, 1882, and that the defendant, in payment of said land, on the said 6th day of December, 1882, executed…

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This is a civil ACTION, which was tried before Shipp, J., at Spring Term, 1888, of WaYNE Superior Court. The following is so much of the case stated on appeal as need he repeated here: It was agreed that the crop, the detention of which was the subject of this action, was raised during the year 1887 by the defendant on land bought by him of the plaintiffs on December 6th, 1882, and that the defendant, in payment of said land, on the said 6th day of December, 1882, executed seven promissory notes to the plaintiff, H. A. Coor, by which he promised to pay her thirty-five bales, 500 pounds each,…

1Opinion of the CourtMerrimon, J.

The feme plaintiff sold and conveyed the land mentioned to the defendant, taking his promissory notes, coming due at different times, for the purchase money, and at once took from him a mortgage of the land and the crops to be produced thereon from year to year, for the time specified to secure the payment of the notes as they severally came due. The mortgagee, as such, was entitled to the land, and in the absence of agreement to the contrary, to all the crops that might be produced upon it from year to year, until the debts secured by the mortgage should be discharged. The defendant…

2Cases cited1 opinion

  1. Jones v. . HillSupreme Court of North Carolina · 1870

3Cited by8 opinions

  1. Stevens v. TurlingtonSupreme Court of North Carolina · 1923
  2. Killebrew v. . HinesSupreme Court of North Carolina · 1889
  3. Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
  4. Hinson v. . SmithSupreme Court of North Carolina · 1896
  5. Collins v. . BassSupreme Court of North Carolina · 1929

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