Bray v. . Carter
Supreme Court of North Carolina
This was a civil ACTION tried at Spring Term, 1894, of CURRITUCK Superior Court, before Armfield, J., and a jury. Plaintiff began an action of claim and delivery before a Jus- ■ tice of the Peace for Currituck, to recover a lot of corn. He claimed possession of the corn under a chattel mortgage executed by the husband alone.
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This was a civil ACTION tried at Spring Term, 1894, of CURRITUCK Superior Court, before Armfield, J., and a jury. Plaintiff began an action of claim and delivery before a Jus- ■ tice of the Peace for Currituck, to recover a lot of corn. He claimed possession of the corn under a chattel mortgage executed by the husband alone. The following issues were submitted to the jury: “ 1. Is the plaintiff the owner and entitled to the possession of the corn described in the complaint? “ 2. What is the value of said corn ? ” Plaintiff introduced the mortgage and the note secured by the same. P. N. Bray,…
1Opinion of the Court
Shepherd, C. J.:
This is an action in the nature of replevin to recover a crop of corn cultivated on the land of the feme defendant. The plaintiff claims under a chattel mortgage executed by her husband, but there is no evidence tending to show that she knew of or assented to the execution of the said mortgage, or that she bad leased her land to her husband, or had given him any proprietary use or interest in the same. The case is, therefore, clearly within the principles laid down in Wells v. Batts, 112 N. C., 283, and Branch v. Ward, 114 N. C., 148, and it was error in holding that the…
2Cases cited2 opinions
- Wells v. . BattsSupreme Court of North Carolina · 1893
- Branch v. . WardSupreme Court of North Carolina · 1894
3Cited by4 opinions
- State v. CranfieldSupreme Court of North Carolina · 1953
- Pocomoke Guano Co. v. ColwellSupreme Court of North Carolina · 1919
- J. L. Thompson Co. v. CoatsSupreme Court of North Carolina · 1917
- Hovsepian v. EskenderCalifornia Court of Appeal · 1924