Tedder v. Wilmington & Weldon R. R.
Supreme Court of North Carolina
This is a Civil ActioN, wbicb was tried before Adams, J., at August Term, 1898, of tbe Superior Court of Columbus County. Tbe action began before a Justice of tbe Peace, and was carried up to tbe Superior Court by an appeal. Tbe parties agreed upon and submitted tbe following facts to tbe Court for its judgment: That during tbe months of August, September and October, in tbe year 1897, tbe plaintiff, J. Gr.
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This is a Civil ActioN, wbicb was tried before Adams, J., at August Term, 1898, of tbe Superior Court of Columbus County. Tbe action began before a Justice of tbe Peace, and was carried up to tbe Superior Court by an appeal. Tbe parties agreed upon and submitted tbe following facts to tbe Court for its judgment: That during tbe months of August, September and October, in tbe year 1897, tbe plaintiff, J. Gr. Tedder, at tbe request of tbe defendant W. J. Sikes bauled and delivered, with mules and wagons, along tbe rigbt-of-way of tbe W. 0. and A. Railroad, between tbe White Marsh water tank and…
1Opinion of the CourtFaircloth, C. J.
In August, September and October, 1897, the plaintiff, at the request of the defendant Sikes, hauled from the swamp and delivered on the right-of-way of the railroad, cross-ties, for which service and no other, Sikes is due him $140.85. On December 11th, 1897, plaintiff filed and had recorded a lien on said cross-ties. Before December 11, 1897, Sikes sold and delivered said cross-ties to one Wade, who sold and delivered the same to the defendant Railroad without notice of plaintiff’s claim, and Sikes had no interest in the cross-ties when said lien was filed. The Court held that the plaintiff…
2Cases cited1 opinion
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