Conestee Chemical Co. v. Long
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at December Term, 1921, of RICHMOND. On 4 March, 1920, tbe defendant Long executed and delivered to tbe plaintiff a chattel mortgage and crop lien to secure bis promissory note to tbe plaintiff in tbe sum of $4,795, due on 15 November, 1920. Tbe defendant made default in payment, and in Richmond County a consent judgment was rendered against him on 3 June, 1921, for tbe amount of tbe note, with interest, and a commissioner was appointed to…
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Appeal by defendant from Lane, J., at December Term, 1921, of RICHMOND. On 4 March, 1920, tbe defendant Long executed and delivered to tbe plaintiff a chattel mortgage and crop lien to secure bis promissory note to tbe plaintiff in tbe sum of $4,795, due on 15 November, 1920. Tbe defendant made default in payment, and in Richmond County a consent judgment was rendered against him on 3 June, 1921, for tbe amount of tbe note, with interest, and a commissioner was appointed to sell at private sale so mucb of tbe mortgaged property as was seized under proceedings in claim and delivery. Tbe…
1Opinion of the CourtAdaMS, J.
In tbe judgment to wbicb tbe parties expressly consented it was provided tbat tbe commissioner should make sale within sixty days from tbe date of tbe order. Tbe judgment was rendered as of tbe May Term, 1921, but bis Honor found tbe facts to be tbat it was “signed and entered” on 3 June, and tbat tbe sale was made on 1 August, and within tbe time prescribed. Tbe relation of a judgment to tbe first day of tbe term applies when tbe judgment is rendered during a term and docketed during tbe same term, or within ten days after tbe adjournment. C. S., 613. Tbe statute does not purport to apply to…
2Cases cited6 opinions
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Vaughan Barnes v. . Gooch and PrescottSupreme Court of North Carolina · 1885
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Wood Adm'r v. . Parker and OthersSupreme Court of North Carolina · 1869
- Jordan v. . BryanSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hooker v. . ForbesSupreme Court of North Carolina · 1932
- Galloway v. HesterSupreme Court of North Carolina · 1958