Legal Opinion

Wachovia Bank & Trust Co. v. Wayne Finance Co.

Supreme Court of North Carolina

Decided November 4, 1964No. 306PublishedCited by 9 opinions

1Opinion of the CourtRodman, J.

G.S. 47-20 provides: “No * * * mortgage of * * * personal property * * * shall be valid to pass any property as against lien creditors or purchasers for a valuable consideration from the * * * mortgagor, but from the time of registration thereof * * This statute has been interpreted in multitudinous opinions. The conclusions reached are consistently to the effect that where a mortgagor is permitted to retain possession of chattels, the mortgagee acquires no lien as against purchasers or creditors, but from the registration of the instrument.

The word creditor, as used in the statute, does not…

2Cases cited20 opinions

  1. Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
  2. Collins v. Davis.Supreme Court of North Carolina · 1903
  3. Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
  4. Eaton v. . DoubSupreme Court of North Carolina · 1925
  5. Robinson v. WilloughbySupreme Court of North Carolina · 1874

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3Cited by9 opinions

  1. Hall v. Tyco International Ltd.District Court, M.D. North Carolina · 2004
  2. Thomas v. RayCourt of Appeals of North Carolina · 1984
  3. North Carolina National Bank v. RobinsonCourt of Appeals of North Carolina · 1985
  4. North Carolina Federal Savings & Loan Ass'n v. RayCourt of Appeals of North Carolina · 1989
  5. Gray v. American Express Co.Court of Appeals of North Carolina · 1977

4 more not listed; retrieve them via the Exa API.

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