Burr v. . Maultsby
Supreme Court of North Carolina
Liens — Notice—Purchasers for Value. This is a civil ACTION, which was tried before Clark, J., at January Term, 1887, of the Superior Court of Columbus •County. ■ 'The action began before a Justice of the Peace and was carried up to the Superior Court by an appeal.
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Liens — Notice—Purchasers for Value. This is a civil ACTION, which was tried before Clark, J., at January Term, 1887, of the Superior Court of Columbus •County. ■ 'The action began before a Justice of the Peace and was carried up to the Superior Court by an appeal. The parties agreed upon and submitted the following facts to the Court for its judgment: “That the plaintiffs furnished material and performed •labor in the repair of the property, lot No. 6, in the town of Whiteville. The work and labor done, and material furnished, began on the 2d day of September, 1884, and ended on the 20th day…
1Opinion of the Court
Merrimon, J.,
(after stating the case). It is not denied that the plaintiffs were entitled to a lien upon the lot of land in question as they claim, but it is contended that inasmuch as notice of such claim of lien was not filed by them in the office of the Superior Court Clerk of the proper county, as required by the statute, (The Code, §§ 1784, 1789,) before the defendants purchased the land from J. A. Maultsby & Son, and they had no notice of the lien, therefore it did not attach to the land as against them, or in any way affect their title. And for the like reason the defendants further…
2Cases cited2 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Chadbourn v. . WilliamsSupreme Court of North Carolina · 1874
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- Lester v. . HoustonSupreme Court of North Carolina · 1888
- Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
- Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898
- King v. . ElliottSupreme Court of North Carolina · 1929
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