Hinton v. . Walston
Supreme Court of North Carolina
This was a civil ACTION, tried at March’ Term, 1894, of Camden Superior Court, before Armfield, J., and a jury, the object being the recovery of a certain lot Of corn in the possession of the defendant Walston. The defendant C. Guirkin, .Trustee, was, upon his own motion, made a party defendant.
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This was a civil ACTION, tried at March’ Term, 1894, of Camden Superior Court, before Armfield, J., and a jury, the object being the recovery of a certain lot Of corn in the possession of the defendant Walston. The defendant C. Guirkin, .Trustee, was, upon his own motion, made a party defendant. Upon the trial it appeared that one Temple had conveyed the land upon which the crops were grown to E. V. Hinton, Trustee, to secure a debt due to the plaintiff, and had thereafter sold and conveyed the land to the defendant Walston, who, to secure the purchase-money, conveyed to W. J. Griffin,…
1Opinion of the Court
Shepherb, C. J.:
Conceding, for the purpose of the argument, that the relationship substantially of mortgagor and mortgagee still exists between the plaintiff and the defendant Walston, it is clear that the plaintiff as mortgagee cannot recover the crops which are the subject of this controversy. These crops were grown by the mortgagor while in possession, and were actually severed before the entry of the mortgagee. In Killebrew v. Hines, 104 N. C., 182, it was held that the mortgagee is not the owner of the growing crops of the mortgagor in possession, and that if they are severed before…
2Cases cited3 opinions
- Killebrew v. . HinesSupreme Court of North Carolina · 1889
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
- Carr v. . DailSupreme Court of North Carolina · 1894
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