Atkinson v. . Graves
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1884, of Johnston Superior Court, before Philips, J. This was an appeal from the court of "a justice of the peace. The plaintiff brought the action to recover a bale of cotton from the defendant, and it was tried upon the following “ case agreed ” : John Cooper executed a chattel mortgage to the plaintiff Atkinson on the 10th of February, 1881, which was duly registered on the 18th day of the same month.
Read the full summary
Civil Action tried at Spring Term, 1884, of Johnston Superior Court, before Philips, J. This was an appeal from the court of "a justice of the peace. The plaintiff brought the action to recover a bale of cotton from the defendant, and it was tried upon the following “ case agreed ” : John Cooper executed a chattel mortgage to the plaintiff Atkinson on the 10th of February, 1881, which was duly registered on the 18th day of the same month. The instrument is in these words: I, John Cooper, of the county of Johnston in the State of North Carolina, am indebted to T. IT. Atkinson, agent, in the…
1Opinion of the CourtAshe, J.
It was formerly understood to be the law, that a chattel mortgage could only operate on- property not in actual existence at the time of its execution, and could not cover future products of the land, if given before the land was sown or planted. But these decisions, in modern times, hav6 been superseded by the general adoption of the principle that if the “thing sold or mortgaged be the natural product or expected increase of something to which the seller or mortgagor has a present valid right, the sale or mortgage will be good.” Story on Sales, § 185. Or, in other words, whatever has a…
2Cases cited4 opinions
- Norwich Gas Light Co. v. Norwich City Gas Co.Supreme Court of Connecticut · 1856
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Robinson, Probate Judge v. . Ezzell, RegisterSupreme Court of North Carolina · 1875
- Cotten v. . WilloughbySupreme Court of North Carolina · 1880
3Cited by10 opinions
- Twin City Motor Co. v. Rouzer Motor Co.Supreme Court of North Carolina · 1929
- Woodlief v. . Harris and ParhamSupreme Court of North Carolina · 1886
- Harris v. . AllenSupreme Court of North Carolina · 1889
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
- State v. . GarrisSupreme Court of North Carolina · 1887
5 more not listed; retrieve them via the Exa API.