Smith v. . Bynum
Supreme Court of North Carolina
This was an action of claim and delivery of a mule, tried before McocRae, J,and a jury, at July Special Term, 1884, of GkeeNE Superior Court.
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This was an action of claim and delivery of a mule, tried before McocRae, J,and a jury, at July Special Term, 1884, of GkeeNE Superior Court. The plaintiff offered in evidence a mortgage executed by Ket-ter Vines and Frank Vines to King &■ Smith, recorded in March, 1881; a mortgage from same parties to J. H. Smith, plaintiff, executed and registered in January, 1882, and a mortgage from same parties to J. H. Smith dated January 8th, 1883, and registered February 22nd, 1883. J. H. Smith, plaintiff, testified that defendant had the mule described in the three deeds in his possession at the…
1Opinion of the CourtAshe, J.
(after stating the facts). The plaintiff claimed the mule in controversy by virtue of several mortgages executed by Ketter Vines and Frank Vines. The first, a mortgage recorded in March, 1881, to King & Smith, to which the plaintiff succeeded as their assignee. On the 9th of January, 1882, the plaintiff settled the first mortgage by taking a new note for two hundred and forty-three dollars payable to himself, and due on the first of November, 1882, to secure which he took from the Vines a second mortgage bearing even date with the note, which was recorded on the 10th day of January, 1882, and…
2Cited by13 opinions
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- Farkas v. Third National BankSupreme Court of Georgia · 1910
- Bank of Chapel Hill v. RosensteinSupreme Court of North Carolina · 1935
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