Weil v. Flowers
Supreme Court of North Carolina
Civil action, tried at January Term, 1891, of Wayne Superior Court, Winston, presiding. This action is brought to recover the personal property specified in the complaint, the plaintiffs availing themselves of the provisional remedy of claim and delivery. The plaintiffs allege their title to and right to have possession of the •property particularly specified. The defendant, in his answer, denies the material allegations of the complaint.
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Civil action, tried at January Term, 1891, of Wayne Superior Court, Winston, presiding. This action is brought to recover the personal property specified in the complaint, the plaintiffs availing themselves of the provisional remedy of claim and delivery. The plaintiffs allege their title to and right to have possession of the •property particularly specified. The defendant, in his answer, denies the material allegations of the complaint. The Court submitted, among others, this'issue: “1. Are the plaintiffs owners of the property in dispute, or any part thereof?” to which the jury responded,…
1Opinion of the Court
MerkimoN, C. J.:
The fitst exception must be sustained.
The description of the crops in the agricultural lien as “ All my entire crop now growing, or to be grown the present year on my own land,” designated with sufficient certainty the land and also the crops intended to be conveyed. They could, by such description, be ascertained. The other words “or on any other land” were too indefinite, because they pointed to no particular lands. The lands of the maker of the lien, at the time he executed it, could be seen and known—those that he might cultivate, could not. Woodlief v. Harris, 95 N. C.,…
2Cases cited6 opinions
- Woodlief v. . Harris and ParhamSupreme Court of North Carolina · 1886
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
- Rawlings v. . HuntSupreme Court of North Carolina · 1884
- Gwathney v. . EtheridgeSupreme Court of North Carolina · 1888
- State v. . LoganSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- West Springfield Trust Co. v. HinckleyMassachusetts Supreme Judicial Court · 1927
- Community State Bank v. MartinWashington Supreme Court · 1927
- Hurley v. . RaySupreme Court of North Carolina · 1912
- Shomaker v. WatersSupreme Court of Florida · 1908