Odom v. . Clark
Supreme Court of North Carolina
Civil aotioN, tried before W) B. Allen, J., and a jury, at August Term, 1901, of the Superior Court of Halifax County. There was evidence tending to show that, in January, 1903, defendants Clark and Neville executed to plaintiffs an agricultural lien, under The Code, sec. 1199 (Revisal, sec. 2052), for advances in making a crop that year on certain lands specified and described in the instrument, and to secure an amount for such supplies, not to exceed $3,500, with certain…
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Civil aotioN, tried before W) B. Allen, J., and a jury, at August Term, 1901, of the Superior Court of Halifax County. There was evidence tending to show that, in January, 1903, defendants Clark and Neville executed to plaintiffs an agricultural lien, under The Code, sec. 1199 (Revisal, sec. 2052), for advances in making a crop that year on certain lands specified and described in the instrument, and to secure an amount for such supplies, not to exceed $3,500, with certain other indebtedness secured by said instrument; that said supplies were regularly and properly furnished by plaintiffs, as…
1Opinion of the Court
Hoke, I.,
after stating the case: The Court is of opinion that this cause has been correctly tried, and that the merits of the controversy have prevailed. It was urged against the validity of plaintiffs’ claim, or that portion of it which must rest for its security upon the alleged verbal, mortgage:
1. That no such mortgage was, in fact, given as an executed contract.
2. That if there was such contract, it was established under an erroneous charge as to the quantum of proof, Avhich defendants contend should be “clear, strong and convincing.”
But neither objection can be sustained.
A chattel…
2Cases cited15 opinions
- Harding v. . LongSupreme Court of North Carolina · 1889
- Ex parte HarrisSupreme Court of Alabama · 1875
- Hughes v. . BooneSupreme Court of North Carolina · 1889
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Wilson v. Crab Orchard Development CompanySupreme Court of North Carolina · 1970
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
26 more not listed; retrieve them via the Exa API.