Moore v. . Industrial Co.
Supreme Court of North Carolina
ActioN by O. P. Moore against the American Industrial Company and another, heard by Judge Thomas A. McNeill and a jury at the November Term, 1904, of the Superior Court, of Caldwell County. This was a civil action for the recovery of a tract of land and to remove an alleged claim or mortgage held upon the same by the defendant Samuel Newman.
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ActioN by O. P. Moore against the American Industrial Company and another, heard by Judge Thomas A. McNeill and a jury at the November Term, 1904, of the Superior Court, of Caldwell County. This was a civil action for the recovery of a tract of land and to remove an alleged claim or mortgage held upon the same by the defendant Samuel Newman. The defendant company owned the tract of land in controversy and had executed a mortgage on the 20th of December, 1895, to Samuel Newman securing a debt for $6,000 and conveying three tracts of land, which is the land in' controversy in this action. A…
1Opinion of the CourtBrown, J.
It is contended by tbe plaintiff as follows: 1. Tbat tbe mortgage was improperly executed; 2. Tbat tbe defendant Samuel Newman was an incorporator and stock-bolder of tbe defendant company; and 3. Tbat the mortgage was void as against tbe plaintiff’s debt under Section 1255 of Tbe Code, because tbe plaintiff’s judgment was obtained for “labor performed” for tbe defendant company.
We agree with His Honor that the words “labor performed”, as used in Section 1255 of The Code, do not embrace such services as were rendered by the plaintiff to the defendant company and for which be recovered…
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