Harris v. . Allen
Supreme Court of North Carolina
Mortgage — Registration — Evidence — Homestead — Descriptive Word's: This was a civil actioN for the recovery of a mule and wagon, tried before Avery, J., at the April Term, 1888, of the Superior Court of Fraijklin County. The plaintiff claimed under a mortgage executed to him by Robert Strickland and wife,- registered in the county of Wake o'n the 28th day of March, 1884. At the time of the execution and registration, the mortgagor lived in the county of Wake.
Read the full summary
Mortgage — Registration — Evidence — Homestead — Descriptive Word's: This was a civil actioN for the recovery of a mule and wagon, tried before Avery, J., at the April Term, 1888, of the Superior Court of Fraijklin County. The plaintiff claimed under a mortgage executed to him by Robert Strickland and wife,- registered in the county of Wake o'n the 28th day of March, 1884. At the time of the execution and registration, the mortgagor lived in the county of Wake. The mortgage conveyed certain real estate in Wake County, and “all the personal property of every kind of which they are possessed.”…
1Opinion of the CourtShepherd, J.
(after stating the case).
First Exception. — For that the Court charged that the plaintiff’s mortgage “ being only registered in Wake County, was sufficient as against execution creditors, of whom the defendant was one.”
The Code, § 1254, provides that mortgages upon personal property shall be registered in the county where the mortgagor resides. We know of no law requiring a new registration of mortgages of personal property whenever the mortgagor changes his residence. Weaver v. Chunn, 99 N. C., 431.
Second Exception. — For that parol testimony was admitted to identify the property, “ the said…
2Cases cited3 opinions
- Butler & Co. v. StainbackSupreme Court of North Carolina · 1882
- Atkinson v. . GravesSupreme Court of North Carolina · 1884
- Weaver v. . ChunnSupreme Court of North Carolina · 1888
3Cited by12 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Hartford Accident & Indemnity Co. v. CogginCourt of Appeals for the Fourth Circuit · 1935
- Bank of Colerain v. CoxSupreme Court of North Carolina · 1916
- Montague Bros. v. W. C. Shepherd Co.Supreme Court of North Carolina · 1950
- Mounce v. WightmanArizona Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.