Harris v. . Woodard
Supreme Court of North Carolina
This was a civil ACTION, tried before Philips, Judge, at Spring Term, 1886, of WilsoN Superior Court. The plaintiff alleged that on the 23d of February, 1880, one B. H. Tyson contracted to sell to one Silas Lassiter a certain mule, for which Lassiter executed a note, of which the following is a copy; “ Nine months after date, I promise to pay to the order of B. H. Tyson, the sum of $115, with interest at 8 per cent., for one bay mule; said mule to be its security, the title…
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This was a civil ACTION, tried before Philips, Judge, at Spring Term, 1886, of WilsoN Superior Court. The plaintiff alleged that on the 23d of February, 1880, one B. H. Tyson contracted to sell to one Silas Lassiter a certain mule, for which Lassiter executed a note, of which the following is a copy; “ Nine months after date, I promise to pay to the order of B. H. Tyson, the sum of $115, with interest at 8 per cent., for one bay mule; said mule to be its security, the title of •said mule to remain in said Tyson until said purchase money is paid. February 23d, 1880. (Signed) Silas Lassiter,…
1Opinion of the Court
Davis, J.,
(after stating the facts). It is conceded that the-mule described in the note and in the mortgage is the mule claimed by the defendant, and the subject of this action. The question presented is: Did the plaintiff, whether claiming as mortgagee, or as the equitable owner of the legal title, retained by the legal vendor, (which passed to him with the assignment of the note,) lose his right to have the-mule subjected to the payment of his debt, by reason of the misdescription, or incorrect description, contained both in the note and in the mortgage?
The answer is not free from…
2Cases cited2 opinions
- Hall v. . YountsSupreme Court of North Carolina · 1882
- Goff, Cranston & Co. v. PopeSupreme Court of North Carolina · 1880
3Cited by5 opinions
- Hartford Accident & Indemnity Co. v. CogginCourt of Appeals for the Fourth Circuit · 1935
- Carpenter v. . MedfordSupreme Court of North Carolina · 1888
- Morris v. . ConnorSupreme Court of North Carolina · 1891
- Pitts v. . CurtisSupreme Court of North Carolina · 1910
- Weeks v. . AdamsSupreme Court of North Carolina · 1929