Durham v. . Speeke
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1878, of Cleaveland Superior Court, before Schenck, J. The plaintiff and defendant, on the 15th of December, 1874, entered into a written contract whereby the plaintiff leased a tract of land too defendant for five years, beginning on the first day of January next thereafter, at a rent of one-third of all the crops raised on the land to be delivered to plaintiff at Shelby, with .other covenants on the part of defendant for cultivation of the…
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Civil Action tried at Fall Term, 1878, of Cleaveland Superior Court, before Schenck, J. The plaintiff and defendant, on the 15th of December, 1874, entered into a written contract whereby the plaintiff leased a tract of land too defendant for five years, beginning on the first day of January next thereafter, at a rent of one-third of all the crops raised on the land to be delivered to plaintiff at Shelby, with .other covenants on the part of defendant for cultivation of the land to the best advantage, and for certain work and reparations to be done on the premises. At the end of 1877, the…
1Opinion of the CourtDillard, J.
The plaintiff not having appealed, no question is or can be made in this court as to the correctness of the ruling in respect of the unconstitutionality of the statutes allowing the crops to be seized for the damages assessed and included in the judgment, and therefore it is not necessary that we should consider and pass upon the opinion of His Honor adjudging the crops to that extent exempt. But the defendant having appealed, it. is claimed on his behalf that the court erred in adjudging the crops raised to be liable to seizure for the rent, due for 3877, clear of his right of personal…
2Cited by6 opinions
- Sheets v. . WalshSupreme Court of North Carolina · 1940
- Slaughter v. . WinfreySupreme Court of North Carolina · 1881
- Livingston v. . FarishSupreme Court of North Carolina · 1883
- Layng v. StoutWisconsin Supreme Court · 1914
- Jones, Lee & Co. v. BrittonSupreme Court of North Carolina · 1889
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