Lowdermilk Bros. v. Bostick
Supreme Court of North Carolina
Civil action tried at February Term, 1886, of Richmond' Superior Court, before JBoylcin, Judge. This was a claim and delivery proceeding, in which the plaintiff alleged that he was the owner of a certain horse and other personal property.
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Civil action tried at February Term, 1886, of Richmond' Superior Court, before JBoylcin, Judge. This was a claim and delivery proceeding, in which the plaintiff alleged that he was the owner of a certain horse and other personal property. The plaintiff introduced in evidence the following lien,, which was executed by the defendant Bostick, to-wit: “Whereas, Henry Bostick, of Richmond county in said State, proposes to cultivate and farm about forty acres of land on the tract of land in said county known as Mary J, Powell’s, for the purpose of raising a crop on said land during the year 1882';…
1Opinion of the CourtSmith, C. J.
The plaintiffs’ right of action depends upon the construction of the terms of the deed, and preliminary thereto its efficacy in giving the lien under the statute, the determination of the latter being unnecessary if its terms do not'take in the demand for the debt of the preceding year..
We coincide with the Judge in the opinion that the deed provides for advances then or thereafter to be made in cultivating and bringing to maturity the crops of that year and not to such as were made before its execution. Its terms very plainly indicate this, as a brief reference will show, and they cannot be…
2Cited by5 opinions
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- Brown v. Cranberry Iron & Coal Co.U.S. Circuit Court for the District of Western North Carolina · 1894
- Dismukes v. . WrightSupreme Court of North Carolina · 1838
- Strouse v. . CohenSupreme Court of North Carolina · 1893