Hurley v. . Ray
Supreme Court of North Carolina
Appeal by plaintiffs from Coolce, J., at August Term, 1912, of MONTGOMERY. This action was commenced against tbe defendant, Aug. Ray, to recover a crop made in 1911, and Allen & Co. were permitted to interplead.
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Appeal by plaintiffs from Coolce, J., at August Term, 1912, of MONTGOMERY. This action was commenced against tbe defendant, Aug. Ray, to recover a crop made in 1911, and Allen & Co. were permitted to interplead. On 25 March, 1911, the defendant Ray executed to the inter-pleaders a chattel mortgage to secure $154.89, in which the words descriptive of the crop conveyed were as follows: “My entire crop of cotton, cotton seed, corn, dry feed and peas, which I may raise or cause to be raised during year 1911 on my own land and J. C. Currie’s land, this being in the neighborhood of T. S. Leak, Hamp…
1Opinion of the CourtAlleN, J.
The authorities fully sustaiu the position that to constitute a valid mortgage upon a crop there must be some designation of the land upon which the crop is to be cultivated (Atkinson v. Graves, 91 N. C., 99; Rountree v. Britt, 94 N. C., 106; S. v. Garris, 98 N. C., 737; Harris v. Allen, 104 N. C., 87), and that a conveyance of the crops on lands described, and on any other lands the mortgagor may cultivate, is effective as to the crops on the lands described and void as to other crops (Gwathney v. Ethridge, 99 N. C., 571; Weil v. Flowers, 109 N. C., 217; Perry v. Bragg, 109 N. C., 304;…
2Cases cited10 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Peebles v. Graham.Supreme Court of North Carolina · 1901
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- Den Ex Dem. Proctor v. PoolSupreme Court of North Carolina · 1833
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3Cited by5 opinions
- Watson v. D. A. Paddleford & SonTexas Supreme Court · 1920
- Webb v. Mourning BattleSupreme Court of North Carolina · 1926
- Parsons v. American Agricultural Chemical Co.Massachusetts Supreme Judicial Court · 1932
- Well v. . FlowersSupreme Court of North Carolina · 1891
- Crinkley v. . EgertonSupreme Court of North Carolina · 1893