Cotten v. . Willoughby
Supreme Court of North Carolina
Claim and Delivery, tried at Spring Term, 1878, of Pitt Superior Court, before Henry, J. The defendant, to secure certain debts due the plaintiffs and to obtain supplies for carrying on his farming operations'for that year, on May 26, 1876, executed to them a mortgage deed conveying a mule and other articles of personal property, “ and a lien upon each and every of the said crops to be cultivated and made upon the said land or farm during the present year, with full power to…
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Claim and Delivery, tried at Spring Term, 1878, of Pitt Superior Court, before Henry, J. The defendant, to secure certain debts due the plaintiffs and to obtain supplies for carrying on his farming operations'for that year, on May 26, 1876, executed to them a mortgage deed conveying a mule and other articles of personal property, “ and a lien upon each and every of the said crops to be cultivated and made upon the said land or farm during the present year, with full power to take possession of the said crops at any time and place after their maturity,” and further providing for the exercise…
1Opinion of the Court
Siiith, C. J.,
after stating the case. The purpose of the present suit is to recover possession and control of the property in order to the execution of the trusts with which it is clothed, and if under the deed the title and right of possession are vested in the' plaintiffs, as trustees, the action has been well brought, and the judgmeut rendered is wholly erroneous. The first enquiry then is as to the effect of the deed upon the property therein described.
No doubt whatever can be entertained as to the transfer of the legal title to such articles as were then in esse and upon which the…
2Cases cited3 opinions
- Dunham v. Cincinnati, P., & CR Co.Supreme Court of the United States · 1864
- Butt v. EllettSupreme Court of the United States · 1874
- Robinson, Probate Judge v. . Ezzell, RegisterSupreme Court of North Carolina · 1875
3Cited by9 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
- Rawlings v. . HuntSupreme Court of North Carolina · 1884
- Atkinson v. . GravesSupreme Court of North Carolina · 1884
- Gwathney v. . EtheridgeSupreme Court of North Carolina · 1888
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