Griffith v. . Richmond
Supreme Court of North Carolina
Claim and Delivery by appeal from Justice’s Court, beard before Robinson, J., at February Term, 1900, of tbe Superior Court of Forsyth County, upon tbe following issue: Is tbe plaintiff tbe owner and entitled to tbe immediate possession of the property described in tbe mortgage ? Answer. “Yes.” Judgment was rendered in favor of plaintiff for tbe possession of the property described. Defendant excepted, and appealed. Tbe case appears in tbe opinion.
1Opinion of the CourtClark, J.
This is an action begun before a Justice of the Peace to obtain possession, of personal property alleged to be $50 in value, embraced in a chattel mortgage. The record does not show that the affidavit required by The Code, secs. 890 and 322, was made, which is indispensable (Hirsh v. Whitehead, 65 N. C., 516), but it was probably made, as no point was raised for its omission, either in the Superior or in this Court. In the Superior Court upon appeal, the plain-* tiff did not prove execution of either note or mortgage, but offered in evidence the chattel mortgage, with certificate of probate…
2Cases cited9 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- Jordan v. . FarthingSupreme Court of North Carolina · 1895
- Hall v. . TillmanSupreme Court of North Carolina · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gibson v. Central Manufacturers' Mutual InsuranceSupreme Court of North Carolina · 1950
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Universal C. I. T. Credit Corp. v. SaundersSupreme Court of North Carolina · 1952
- Rook v. . HortonSupreme Court of North Carolina · 1925
- First State Bank v. MartinSupreme Court of Kansas · 1910
3 more not listed; retrieve them via the Exa API.