Legal Opinion

Gwathney v. . Etheridge

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 8 opinions

Agricultioral Liens — Chattel Mortgages — Description of Property in Conveyances, &c. Civil ACTION, tried before Avery, J., at Fall Term, 1887, of' the Superior Court of Halifax County.

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Agricultioral Liens — Chattel Mortgages — Description of Property in Conveyances, &c. Civil ACTION, tried before Avery, J., at Fall Term, 1887, of' the Superior Court of Halifax County. It appears that on the 28th day of January, 1884, the plaintiffs commission merchants agreed to supply to R. W. Carter,. A. J. Wood and W. W. Carter, from time to time, “supplies”' and money during the year 1884, to an amount not exceeding-$1,000, to be by them expended in the cultivation of a crop to be produced during that year; and they executed to the plaintiffs, on that day, an agreement in writing,…

1Opinion of the Court

Mebkimon, J.,

(after stating the case as above). It appears-that the cotton in question was not produced on the land,, described in the written agreement creating the lien as “ the-land of D. B. Bell,” &c., and in our judgment, the lien, relied upon by the plaintiffs was operative and effectual only as to-the cotton produced on that land, which specially designated, and specified as the particular land, upon which a crop was to be cultivated and produced, to which the lien should attach. As to it, there was present certainty that gave point and direction to the lien, and identified, in an…

2Cases cited5 opinions

  1. Wooten v. . HillSupreme Court of North Carolina · 1887
  2. Robinson, Probate Judge v. . Ezzell, RegisterSupreme Court of North Carolina · 1875
  3. Woodlief v. . Harris and ParhamSupreme Court of North Carolina · 1886
  4. Rawlings v. . HuntSupreme Court of North Carolina · 1884
  5. Cotten v. . WilloughbySupreme Court of North Carolina · 1880

3Cited by8 opinions

  1. McDavid v. PhillipsTexas Supreme Court · 1906
  2. Watson v. D. A. Paddleford & SonTexas Supreme Court · 1920
  3. Hamilton Nat. Bank v. HarrisCourt of Appeals of Texas · 1924
  4. Hurley v. . RaySupreme Court of North Carolina · 1912
  5. Weil v. FlowersSupreme Court of North Carolina · 1891

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