Legal Opinion

McDaniel v. . Allen

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 5 opinions

Agricultural Lien — Mortgage—Claim-and Delivery — Judgment — Contract—Lhddence. Civil ACTION for the recovery of personal property, tried before Connor, J., at March Term, 1887, of the Superior Court of Jones County.

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Agricultural Lien — Mortgage—Claim-and Delivery — Judgment — Contract—Lhddence. Civil ACTION for the recovery of personal property, tried before Connor, J., at March Term, 1887, of the Superior Court of Jones County. In February, 1883, the defendant Allen executed to the plaintiff an agricultural lien on the crops of corn, cotton, &c., to be raised by him “duringthe year 1883, on the lands of J. C. Parker, or elsewhere,” to secure advancements to the amount of $300. By the same instrument there was also conveyed two horses, a buggy and other personal property as additional security. At the…

1Opinion of the Court

Davis, J.,

(after stating the case). The first exception was to the exclusion of the evidence of the plaintiff offered to show that after the cotton was seized the defendant Parker promised that he should have three bales of cotton.

This is not an action against Parker for a refusal to comply with a contract or promise to deliver three bales of cotton, but an action of claim and delivery, and the only issue presented is as to the right of the plaintiff to the possession of three bales of cotton of the crop made by “ ‘ Bob’ Allen during the year 1883 on the land of the defendant.” If Parker had…

2Cases cited3 opinions

  1. Blakely v. . PatrickSupreme Court of North Carolina · 1872
  2. Threadgill v. . McLendonSupreme Court of North Carolina · 1877
  3. Atkinson v. . GravesSupreme Court of North Carolina · 1884

3Cited by5 opinions

  1. Boney & Harper Milling Co. v. J. C. Stevenson Co.Supreme Court of North Carolina · 1913
  2. Moore v. . BradySupreme Court of North Carolina · 1899
  3. Boone v. . DardenSupreme Court of North Carolina · 1891
  4. Forehand v. Edenton Farmers Co.Supreme Court of North Carolina · 1934
  5. Charles M. Pfeifer & Co. v. IsraelSupreme Court of North Carolina · 1913

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