Rawlings v. . Hunt
Supreme Court of North Carolina
Civil ACTION in the nature of claim-and delivery, tried at Fall Term, 1883, of Nash Superior Court, before Philips, J. On the 25th day of January,1882, Jacob Arrington executed to the plaintiff a deed which was thereafter duly recorded.
Read the full summary
Civil ACTION in the nature of claim-and delivery, tried at Fall Term, 1883, of Nash Superior Court, before Philips, J. On the 25th day of January,1882, Jacob Arrington executed to the plaintiff a deed which was thereafter duly recorded. It is set forth in the preamble therein that Arrington -was about to engage in the cultivation of various crops-upon a tract of land situate in Nash county, known as the “Hines place,” during the year 1882; that he desired to secure to the plaintiff an “agricultural lien,” as allowed by the statute providing for such liens; that the plaintiff was to furnish…
1Opinion of the Court
Mérrimos, J.
It is settled that a contemplated unplanted crop to be made by the mortgagor on his own land or land let to him, as well as one planted and in process of cultivation, may be the subject of a valid mortgage. Cotton v. Willoughby, 83 N. C., 75; Harris v. Jones, Ib., 317.
The deed from Jacob Arrington to the plaintiff operated as a mortgage with power of sale in favor of the latter, upon the horse and the lien upon the crop to be made conveyed by it, notwithstanding the purpose therein mentioned to create an “ agricultural lien.”
The defendant insisted that the operative conveying…
2Cases cited3 opinions
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- Cotten v. . WilloughbySupreme Court of North Carolina · 1880
- Smith v. . GibsonSupreme Court of North Carolina · 1876
3Cited by11 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
- Gwathney v. . EtheridgeSupreme Court of North Carolina · 1888
- Comron v. . StandlandSupreme Court of North Carolina · 1889
6 more not listed; retrieve them via the Exa API.