Harrell v. . Godwin
Supreme Court of North Carolina
This was a civil action, tried at the March Term, 1887, of the Superior Court of Wayne Count}7, before Shepherd, J. It was agreed by the parties to waive a trial by jury, and that the Court shall find the facts and decide the law.
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This was a civil action, tried at the March Term, 1887, of the Superior Court of Wayne Count}7, before Shepherd, J. It was agreed by the parties to waive a trial by jury, and that the Court shall find the facts and decide the law. The Court, on hearing the testimony, finds the facts as follows: 1. That on the third day of June, 1881, one J. Southard executed and delivered to the plaintiff an instrument in writing, of which the following is a copy : “ With 8 per cent, interest from January 1, 1881, I promise to pay A. J. Harrell seventy-five dollars, balance due on wool machine, title of…
1Opinion of the CourtAvery, J.
(after stating the case). The sale by Harrell to Southard was conditional, and made before The Code (§ 1275) was enacted, November 1, 1883. The effect of such a contract before that date was to leave the title in the plaintiff, though Southard was exercising all the rights of ownership over the machine. It, therefore, operated, so far as it affected the rights of others dealing with Southard, as a secret lien. The purpose of the General Assembly in changing the law was to protect others from loss by purchase of property subject to such incumbrance. The question upon which this case depends…
2Cases cited1 opinion
- White v. . HollySupreme Court of North Carolina · 1884
3Cited by2 opinions
- Blalock v. . StrainSupreme Court of North Carolina · 1898
- Perry v. . YoungSupreme Court of North Carolina · 1890