Cottingham v. . McKay
Supreme Court of North Carolina
PROCEEDING to enforce an agricultural lien, commenced before the clerk and heard on appeal at December Special Term, 1880, of Robeson Superior Court, before Avery J. The plaintiffs on affidavit sued out of the clerk’s office a warrant directed to the sheriff and commanding him to seize and after due notice sell certain crpps raised by the defendants, subject to a lien for money and supplies alleged to have been advanced to the defendants, in the cultivation of the land upon…
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PROCEEDING to enforce an agricultural lien, commenced before the clerk and heard on appeal at December Special Term, 1880, of Robeson Superior Court, before Avery J. The plaintiffs on affidavit sued out of the clerk’s office a warrant directed to the sheriff and commanding him to seize and after due notice sell certain crpps raised by the defendants, subject to a lien for money and supplies alleged to have been advanced to the defendants, in the cultivation of the land upon which they were raised. The sheriff having taken possession of the crops, the defendants applied to the clerk to recall…
1Opinion of the Court
Smith, C. J.,
after stating the case. There can be no question of the reserved power in the clerk to revoke and supersede a warrant which he may have improvidently issued under the act of 1867, as amended by the act of 1873, Bat. Rev., ch. 65, §§ 19, 20. The remedy given is however summary and prompt, and as a special proceeding has for its object the appropriation of the encumbered crops to the satisfaction of the debt created in making them. When this appropriation has been made, the proceeding is exhausted and comes to an end.
If the debt is disputed, and notice 'thereof given to the officer…
2Cases cited3 opinions
- Perry v. TupperSupreme Court of North Carolina · 1874
- Gay v. . NashSupreme Court of North Carolina · 1881
- Perry v. . TupperSupreme Court of North Carolina · 1874
3Cited by3 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- State v. SpauldingSupreme Court of Iowa · 1897
- State Ex Rel. Hand v. Superior Court for Grays Harbor CountyWashington Supreme Court · 1937