Cohen v. . Stewart
Supreme Court of North Carolina
Civil ACTION, tried before Merrimon, Judge, at Fall Term, 1887, of Nasi-i Superior Court. This action was brought to recover the value of certain wood mentioned in the complaint.
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Civil ACTION, tried before Merrimon, Judge, at Fall Term, 1887, of Nasi-i Superior Court. This action was brought to recover the value of certain wood mentioned in the complaint. It is alleged that the plaintiffs purchased the wood from the defendant Stewart, and that the latter afterwards undertook by deed of assignment to sell the same to the defendant, W. H. Whitehead, in trust,, to resell the same, and with the proceeds of sale pay sundry debts of Stewart, in the deed mentioned. By consent, a referee found the facts of the matter in controversy, upon which the case was submitted to the…
1Opinion of the CourtMerrimoN, J.
The plaintiffs contend that they purchased the wood in question absolutely from the defendant Stewart. The defendants on the other hand, contend that the plaintiffs did not so purchase it, but simply took it as a security for the debt, and hence, had only a mortgage on it, which not being registered as required by statute, is inoperative as to creditors of the mortgagor, and subsequent purchasers for value, and therefore, the title to it passed to the defendant Whitehead, by virtue of the deed of assignment to him executed by his co-defendant Stewart.
The facts of the matter in controversy are…
2Cases cited1 opinion
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
3Cited by7 opinions
- Ramsey v. WallaceSupreme Court of North Carolina · 1888
- Whitlock v. Auburn Lumber Co.Supreme Court of North Carolina · 1907
- Winborne v. . McMahanSupreme Court of North Carolina · 1934
- Whitlock v. . Lumber Co.Supreme Court of North Carolina · 1907
- Albemarle Lumber Co. v. WilcoxSupreme Court of North Carolina · 1890
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