Perry v. . White
Supreme Court of North Carolina
Civil ACTION, tried before Shuford, J., at Spring Term 1892, of the Superior Court of ChowaN County. The following are the facts agreed : 1. On the 2d day of September, 1887, W. W%and Samuel E. Morris executed to W. S. White a lease. 2. On the 14th day of December, 1887, W. T. and W. S. White, to secure two notes of $400 each, payable to said Morris, executed a deed of trust to W. D. Pruden for the following property, to-wit: “The steam-engine, saw-mill and fixtures of all…
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Civil ACTION, tried before Shuford, J., at Spring Term 1892, of the Superior Court of ChowaN County. The following are the facts agreed : 1. On the 2d day of September, 1887, W. W%and Samuel E. Morris executed to W. S. White a lease. 2. On the 14th day of December, 1887, W. T. and W. S. White, to secure two notes of $400 each, payable to said Morris, executed a deed of trust to W. D. Pruden for the following property, to-wit: “The steam-engine, saw-mill and fixtures of all kinds, with the buildings and other structures now erected, or hereafter erected on the land of W. W. Morris and Samuel…
1Opinion of the Court
Clark, J.:
This is not the case of a mortgage upon realty in which improvements put upon the land by the mortgagor become additional security for the debt. Wharton v. Moore, 84 N. C., 479; Barker v. Owen, 98 N. C., 198. Nor is it the case of a mortgage upon crops, as to which it has been held that there could not be a mortgage enforceable at law, upon a crop other than that of the year immediately ensuing the execution of the mortgage. Loftin v. Hines, 107 N. C., 360, and cases there cited.- The mortgage here is upon trade-fixtures, which the mortgagor had the right to remove,, and riot only…
2Cases cited6 opinions
- Beall v. WhiteSupreme Court of the United States · 1877
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Loftin v. . HinesSupreme Court of North Carolina · 1890
- Cotten v. . WilloughbySupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hickson Lumber Co. v. Gay Lumber Co.Supreme Court of North Carolina · 1909
- Standard Dry-Kiln Co. v. EllingtonSupreme Court of North Carolina · 1916
- Marion Mortgage Co. v. TeateSupreme Court of Florida · 1929
- Cooper v. Rouse.Supreme Court of North Carolina · 1902
- Greene County Building & Loan Ass'n v. Holland Furnace Co.Missouri Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.