Bank of Colerain v. Cox
Supreme Court of North Carolina
Appeal by defendants from Bond, Jupon a case agreed at November Term, 1915, of Beetle. Civil action, upon a ease agreed, brought to recover a sawmill and its fixtures and appurtenances sold and conveyed, on 28 August, 1912, by tbe Teopim Lumber Company to E. L. Grumpier, with certain timber and a lease of five years on the mill yard occupied by the sawmill; and the latter on the said day conveyed the same property to Charles Whedbee, as trustee, to secure $4,850, part of the…
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Appeal by defendants from Bond, Jupon a case agreed at November Term, 1915, of Beetle. Civil action, upon a ease agreed, brought to recover a sawmill and its fixtures and appurtenances sold and conveyed, on 28 August, 1912, by tbe Teopim Lumber Company to E. L. Grumpier, with certain timber and a lease of five years on the mill yard occupied by the sawmill; and the latter on the said day conveyed the same property to Charles Whedbee, as trustee, to secure $4,850, part of the purchase money, with power of sale in case of default in payment of the debt. The deed to E. L. Grumpier and the deed…
1Opinion of the Court
"WalKer, J.,
after stating tbe case: The decision of this appeal turns upon the question whether the sawmill with its fixtures and appurtenances was real or personal property. If it was real property, the deed of trust to Mr. Whedbee was properly registered in Perquimans County, and the defendants would be entitled to the judgment; but if it was personal property, the registration should have been in Bertie County, where the mortgagor resided, and where plaintiff had its mortgage registered, and the judgment below was correct. Our statute, Revisal of 1905, sec. 982, provides that, “No deed of…
2Cases cited23 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Tifft v. . HortonNew York Court of Appeals · 1873
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Binkley v. ForknerIndiana Supreme Court · 1889
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949
- Cox v. . Lighting Co.Supreme Court of North Carolina · 1909
- Sheffield v. WalkerSupreme Court of North Carolina · 1950
9 more not listed; retrieve them via the Exa API.