House v. . Parker
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at August Term, 1920, of Halifax. This was a civil action for damages, tried upon an alleged wrongful conversion of plaintiff’s property by the defendant, Surry Parker. In July 1916, plaintiff, a resident of Halifax County, purchased from the defendant, who resided at Pinetown, N. C., a steam logging loading .outfit upon a retained-title contract.
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Appeal by defendant from Lyon, J., at August Term, 1920, of Halifax. This was a civil action for damages, tried upon an alleged wrongful conversion of plaintiff’s property by the defendant, Surry Parker. In July 1916, plaintiff, a resident of Halifax County, purchased from the defendant, who resided at Pinetown, N. C., a steam logging loading .outfit upon a retained-title contract. The terms of said agreement, touching the reservation of title, were as follows: “The condition of the above contract is that the'legal title and right in and to the above described property is to remain and be…
1Opinion of the CourtStagy, J.
Sec. 2587, C. S., relating to tbe foreclosure of conditional sales, provides as follows: “In all sales of personal property wherein the title is retained by the seller to secure the purchase money, or any part thereof, and no power' of sale is conferred, and default is made in the payment of said obligation by the purchaser, then in all such cases it is lawful for the owner of such debt thereby secured, without an order of court, to sell such property, or so much thereof as may be necessary to pay off said indebtedness, at public auction for cash, after first giving-twenty days notice at…
2Cases cited2 opinions
- Graves v. . HowardSupreme Court of North Carolina · 1912
- O'Kelly v. . WilliamsSupreme Court of North Carolina · 1881
3Cited by19 opinions
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Bateman v. . SterrettSupreme Court of North Carolina · 1931
- Hood Ex Rel. Bank of Summerfield v. SimpsonSupreme Court of North Carolina · 1934
- Johnson v. YatesSupreme Court of North Carolina · 1922
- Supply Co. v. . Plumbing Co.Supreme Court of North Carolina · 1928
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