Blalock v. . Strain
Supreme Court of North Carolina
Action of claim and delivery, tried before Adams, J., and a jury at August Term, 1897, of Orange Superior Court. There was a verdict for the defendant and from the judgment thereon the plaintiff appealed. The facts appear in the opinion.
1Opinion of the Court
Clark, J.:
The defendant Strain, in 1884, executed a mortgage on two horses to Burch which was registered. Subsequently in 1888 Burch gave Strain the following paper writing: “This is to certify that I. A. P. Burch, grant H. Q. Strain the privilege to exchange one hay mare and one bay horse' (which I, A. P. Burch, hold a mortgage on) for two black mules, which shall stand in the place of the above mentioned horses as security. Aug. 4, 1888. A. P. Burch, (Seal).” This was not registered. Thereafter in 1890 Strain executed a mortgage on these two black mules to the plaintiff and the mortgage was…
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