Moore v. . Hurtt
Supreme Court of North Carolina
Claim ato Deliveey for personal property, tried before Norwood, J., at Fall Term, 1898, of CbaveN Superior Court. The plaintiffs claimed the possession of certain articles of personal property, under a chattel mortgage executed 30th November, 1896, by defendant to feme plaintiff, to secure a note executed by bim to her for $300, due 30th November, 1891, with power of sale if debt not paid at maturity. There was no stipulation as to possesion in the meantime.
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Claim ato Deliveey for personal property, tried before Norwood, J., at Fall Term, 1898, of CbaveN Superior Court. The plaintiffs claimed the possession of certain articles of personal property, under a chattel mortgage executed 30th November, 1896, by defendant to feme plaintiff, to secure a note executed by bim to her for $300, due 30th November, 1891, with power of sale if debt not paid at maturity. There was no stipulation as to possesion in the meantime. Suit for possession commenced 23d April, 1897. There was no demand before suit for possession. The defendant demurred to plaintiffs’…
1Opinion of the CourtClark, J.
This is an action to obtain possession of personal property embraced in a mortgage executed by the defendant to the plaintiff. The action was begun before maturity of the debt secured by the mortgage.. The answer denied the plaintiff’s right to have possession. The Court below, being of opinion that failure to prove a demand before action brought was fatal, sustained a demurrer to the evidence and dismissed the action. In this there was error.
In the absence of an express stipulation to the contrary, the mortgagee is entitled to take possession of the mortgaged property at any time before or…
2Cases cited5 opinions
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
- Hinson v. . SmithSupreme Court of North Carolina · 1896
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Buffkins v. . EasonSupreme Court of North Carolina · 1893
- J. H. Hayes Woolen Co. v. McKinnonSupreme Court of North Carolina · 1894
3Cited by7 opinions
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Smith v. French.Supreme Court of North Carolina · 1906
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- Freeman v. General Motors Acceptance Corp.Supreme Court of North Carolina · 1933
- Satterthwaite v. Ellis.Supreme Court of North Carolina · 1901
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