State v. . Holmes
Supreme Court of North Carolina
INDICTMENT under Section 1089 of The Code, for disposing of mortgaged property, tried oefore Mclver, J., and a jury, at March Term, 1896, of WaKE Superior Court. The execution of the mortgage was admitted.
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INDICTMENT under Section 1089 of The Code, for disposing of mortgaged property, tried oefore Mclver, J., and a jury, at March Term, 1896, of WaKE Superior Court. The execution of the mortgage was admitted. W. W. Holding testified for the State that defendant rented the land described in 1he indictusent of Thomas Honeycutt, for the year 1895, -and agreed to pay as rent 800 pounds of lint cotton; that defendant raised on the land corn, cotton, fodder and potatoes; that defendant confessed to the witness that he had sold some of the corn raised on the land; that there was now due on the debt of…
1Opinion of the Court
ClabK, J.:
It was in evidence that the defendant, who was a renter, had sold part of the crop which was embraced in a mortgage given by him and that a balance was still due thereon, The defendant offered no evidence. If there had been evidence that defendant had sold the corn to pay the prior lien for rent, State v. Ellington, 98 N. C., 749, or that sufficient of the crop had been retained to pay off the mortgage, State v. Manning, 107 N. C., 910, or tending to show that the sale had been made under circum- ■ stances making it justifiable, as, for instance, the sale of perishable property…
2Cases cited10 opinions
- State v. . RileySupreme Court of North Carolina · 1893
- State v. . GlennSupreme Court of North Carolina · 1896
- State v. . EmerySupreme Court of North Carolina · 1887
- State v. . SmithSupreme Court of North Carolina · 1895
- State v. . WilbourneSupreme Court of North Carolina · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. Blackley.Supreme Court of North Carolina · 1905
- State v. . FalknerSupreme Court of North Carolina · 1921
- State v. FalknerSupreme Court of North Carolina · 1921
- Commonwealth v. KerinFairfax County Circuit Court · 1992
2 more not listed; retrieve them via the Exa API.