Gay v. . Nash
Supreme Court of North Carolina
PROCEEDING to enforce a Lien for Advances for Agricultural Purposes commenced by affidavit before the Clerk and lieard upon issue joined at Fall Term, 1877, of Richmond Superior Co,urt, before Seymour, J. Upon the trial it appeáred that the parties had entered into a written contract in which the plaintiff, merchant, agreed to furnish supplies to the amount of $700 to the defendant, planter, to enable him to cultivate a crop, in con-¡¿deration of which, the defendant agreed…
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PROCEEDING to enforce a Lien for Advances for Agricultural Purposes commenced by affidavit before the Clerk and lieard upon issue joined at Fall Term, 1877, of Richmond Superior Co,urt, before Seymour, J. Upon the trial it appeáred that the parties had entered into a written contract in which the plaintiff, merchant, agreed to furnish supplies to the amount of $700 to the defendant, planter, to enable him to cultivate a crop, in con-¡¿deration of which, the defendant agreed to deliver to the plaintiff so much of the cotton, &c., as might be sufficient to pay said sum. The contract wa?…
1Opinion of the CourtReade, J.
The statute provides that a written lien upon a crop, for advances of means to make the crop, shall have preference of other liens, &?. And such written liens are required to be registered within 30 days. Bat. Rev. ch. 65. § § 19, 20. In this case the written lien was not registered within 30 days. That fact w'ould certainly make it void as to third persons; but the question here is, whether it is good as between the parties ?
We are of the opinion that it is good inter partes.
The object of registration is to give notice. The parties have notice without registration.
There is error.
Per Curian..…
2Cited by4 opinions
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
- Gay v. . NashSupreme Court of North Carolina · 1881
- J. B. Nichols & Bro. v. SpellerSupreme Court of North Carolina · 1897