Taylor v. . Hodges
Supreme Court of North Carolina
This was an Action of Claim and Delivery, tried before Armfield, J., at the November Term, 1889, of Haknett Superior Court.
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This was an Action of Claim and Delivery, tried before Armfield, J., at the November Term, 1889, of Haknett Superior Court. The plaintiff claimed the property mentioned in his complaint by virtue of a note and chattel mortgage bearing date April 30, 1887. The note was given for ‘‘595 pounds of good white cotton, payable on the first day of October” of the same year, and the mortgage was of the same date, payable at the same time, and the description of the property as contained in the mortgage is as follows: “I, Burrell Hodges, of the county of Harnett and State of North Carolina, am indebted…
1Opinion of the CourtAvery, J.
after stating the facts: There was no question raised as the identification of the land 1o which description in the mortgage pointed, and.we assume that the description was made certain by showing where all the lands owned and cultivated by the defendant in Averasboro Township, Harnett County, North Carolina, were located. Blow v. Vaughan, decided at this term. On the 30th of April, 1887, the mortgage was executed to secure a note due October 1st, 1887, and for that purpose the defendant conveyed “ all of my entire crop to be made on my lands in Averasboro township,”! &c. The- mortgagor had…
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