Holman v. . Whitaker
Supreme Court of North Carolina
ArnoN ok claiM and delivkRY, tried before Mcloer, and a jury, at the March Term, 1896, of Wake Superior Court. The action was commenced in a magistrate’s court, and a claim and delivery was had for the possession of a “two-horse phaeton with driver’s seat in front” aud a “ single-horse wagon,” which were articles of personal property mentioned in a certain chattel mortgage made by the defendant to the plaintiff to secure a note of $100. The mortgage was put in evidence.
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ArnoN ok claiM and delivkRY, tried before Mcloer, and a jury, at the March Term, 1896, of Wake Superior Court. The action was commenced in a magistrate’s court, and a claim and delivery was had for the possession of a “two-horse phaeton with driver’s seat in front” aud a “ single-horse wagon,” which were articles of personal property mentioned in a certain chattel mortgage made by the defendant to the plaintiff to secure a note of $100. The mortgage was put in evidence. It was in evidence that the sheriff went to seine the wagon mentioned in the mortgage, but found at the defendant’s house…
1Opinion of the Court
Fairoloth, O. J.:
This is an action to recover possession of personal property claimed under a mortgage. The description was a “ one-horse wagon,” the defendant having at the time of making the mortgage four one-horse wagons. This case is governed by Blakeley v. Patrick, 67 N. C., 40. There the language was “ ten new buggies,” the mortgagor having more than ten new buggies in the same lot, and the plaintiff could not recover. Here a “one-horse wagon ” was the description, the mortgagor having four one-horse wagons, and the plaintiff cannot recover. Suppose one wagon, in the meantime, had been…
2Cases cited3 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Lupton v. . LuptonSupreme Court of North Carolina · 1895
3Cited by1 opinion
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922