Williams v. . Jones
Supreme Court of North Carolina
This was a civil ACTION, tried at February Term, 1886, of the Superior Court of Duplin county, before Gilmer, Judge. ' A jury trial was waived, and the Court found the following facts: “On March 30th, 1878, one Squire Jones, executed to the plaintiff a chattel mortgage, conveying a certain horse, the property in dispute. On the_day of_, 188_, Squire Jones died intestate, and the defendant is his widow.
Read the full summary
This was a civil ACTION, tried at February Term, 1886, of the Superior Court of Duplin county, before Gilmer, Judge. ' A jury trial was waived, and the Court found the following facts: “On March 30th, 1878, one Squire Jones, executed to the plaintiff a chattel mortgage, conveying a certain horse, the property in dispute. On the_day of_, 188_, Squire Jones died intestate, and the defendant is his widow. That after the death of Squire Jones, tó-wit: on the 27th day of September, 1883, said property was duly assigned to the defendant as the widow of Jones, as a part of her year’s allowance. That…
1Opinion of the Court
Ashe, J.,
(after stating the facts). By §1254 of The Code, it is declared that “ no deed of trust or mortgage for real or personal estate, shall be valid at law to pass any property as against creditors and purchasers for a valuable consideration from the donor, bargainor or mortgagor, but from the registration of such deed of trust or mortgage,” &c.
Prior to the passage of this act, a mortgage was valid even against creditors and purchasers, and it was required to be registered for their benefit. But as between the parties, their rights were undisturbed by the act, and they are left as they…
2Cases cited1 opinion
- Grant v. . HughesSupreme Court of North Carolina · 1880
3Cited by9 opinions
- Broadnax v. . BroadnaxSupreme Court of North Carolina · 1912
- Coastal Sales Co. v. WestonSupreme Court of North Carolina · 1957
- Denton v. . TysonSupreme Court of North Carolina · 1896
- Southern Bank & Trust Co. v. MathersSupreme Court of Florida · 1925
- McBrayer v. . HarrillSupreme Court of North Carolina · 1910
4 more not listed; retrieve them via the Exa API.