Latham v. . Blakely
Supreme Court of North Carolina
Civil aotioN, (to recover the value of a cotton gin,) tried at Fall Term, 1873, of the Superior Court of Beaueoet county, before his Honor, Judge Moore.
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Civil aotioN, (to recover the value of a cotton gin,) tried at Fall Term, 1873, of the Superior Court of Beaueoet county, before his Honor, Judge Moore. On the trial below, the following facts were established : In the Spring of 1869, the sheriff of Pitt county, under an execution in favor of D. M. Carter, sold the'lands of the plaintiff in this action, Sam, W. Latham, situated in said county, at public sale, D. M. Carter becoming the purchaser, and receiving from said sheriff the usual conveyance. On this land, so sold by the sheriff, was a gin house, in which was a cotton gin with the usual…
1Opinion of the CourtSettle, J.
Where the owner of the inheritance, in making improvements, attaches to the freehold articles of personalty for the better enjoyment of the estate, they become part of the realty, and pass to the heir, mortgagee or vendee, as against the executor, mortgagor or vendor. Elwes v. Mawe, 2 Smith L. cases and notes; Walmsby v. Milne, 27 E. C L. R. 114. And while the owner may undoubtedly detach fixtures and convert them again into personalty, yet he cannot do so after an execution has been levied upon the land to which they are attached. Here it is contended that the gin had been severed and…
2Cited by15 opinions
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- Overman v. . SasserSupreme Court of North Carolina · 1890
- Bond v. . CokeSupreme Court of North Carolina · 1874
- State v. Martin.Supreme Court of North Carolina · 1906
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