Weil v. . Herring

Can the owner of cotton which is covered by an unrecorded crop lien or chattel mortgage sell the same to a creditor then in possession thereof, in partial payment of a preexisting debt held by such creditor and due by such owner, free of the lien of such unregistered instrument ?

The head note in McArthur v. Mathis, 133 N. C., 142, declares the applicable principle of law as follows: “Where the owner of lumber authorizes a creditor in possession thereof to sell it and pay himself, such trans action constitutes a present sale of the lumber and passes title, freed from the lien of an…