Pate v. . Banks
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at Chambers, 17 July, 1919; from LENOIR. The Moseley Creek Drainage District, which lies partly in Craven ■and partly in Lenoir, was established under ch. 442, Laws 1909, amended by ch. 67, Laws 1911, by proceedings taken out in Craven but embraced •certain lands in Lenoir, among which is part of the tract conveyed by the defendant to the plaintiff, 30 August, 1913, with covenants of war-Tanty against “encumbrances.”
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Appeal by plaintiff from Allen, J., at Chambers, 17 July, 1919; from LENOIR. The Moseley Creek Drainage District, which lies partly in Craven ■and partly in Lenoir, was established under ch. 442, Laws 1909, amended by ch. 67, Laws 1911, by proceedings taken out in Craven but embraced •certain lands in Lenoir, among which is part of the tract conveyed by the defendant to the plaintiff, 30 August, 1913, with covenants of war-Tanty against “encumbrances.” The regularity of the drainage proceedings as to this land has been upheld in Banlcs v. Lane, 170 N. 0., 14, which was affirmed on rehearing,…
1Opinion of the Court
Glare, O. J.
The only question presented is “whether the drainage assessments against the land which was conveyed to the plaintiff by the defendant on 30 August, 1913, none of which were due and payable at the time of the conveyance, constitute an encumbrance against said land on that date which was contemplated by the covenant against encumbrances.”
In Taylor v. Comrs., 176 N. C., 224, the Court, while holding that the point was not absolutely necessary to a decision of that case, said: 'Nut as the case is before us we think it proper to say that the view of the clerk is correct, that the…
2Cases cited4 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Drainage Commissioners v. WebbSupreme Court of North Carolina · 1912
- Banks v. . LaneSupreme Court of North Carolina · 1915
- Taylor v. Commissioners of Moseley Creek Drainage DistrictSupreme Court of North Carolina · 1918
3Cited by10 opinions
- Wilkinson v. . BoomerSupreme Court of North Carolina · 1940
- Comrs. v. . SparksSupreme Court of North Carolina · 1920
- Carawan v. . BarnettSupreme Court of North Carolina · 1929
- Foil v. Board of Drainage Comrs. of Big Cold Water Drainage District No. 1Supreme Court of North Carolina · 1926
- Lower Creek Drainage Commissioners v. SparksSupreme Court of North Carolina · 1920
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