Raeford Lumber Co. v. Rockfish Trading Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at August Term, 1913, of Hoxe. This is an action to enforce a material lien against real property.
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Appeal by defendant from Lyon, J., at August Term, 1913, of Hoxe. This is an action to enforce a material lien against real property. During tbe spring and summer of 1911, W. N. Campbell bought of the plaintiff material with which to build his house at Eockfish, N. 0. The last item of material, as indicated in the notice of lien, was furnished 13 July, 1911. The defendant Campbell gave plaintiff his promissory note for ninety days, which was not paid, and then a renewal note for the same amount for another ninety days, which was not paid, and which was due about the first day of March, 1912.…
1Opinion of the Court
AlleN, J.,
after stating the case: The motion to nonsuit rests on two grounds:
1. That it is admitted that the defendant is a purchaser for value, and there is no evidence that it had notice of the lien.
2. That the acceptance" of a note for the amount due for material, and its renewal, is a waiver of the right to a lien.
The correct settlement of these questions requires a consideration of section 2028 of the Revisal, which, as amended by chapter 32, Public Laws 1909, reads as follows: “Notice of lien shall be filed, as hereinbefore provided, at any time within twelve months after the completion…
2Cases cited9 opinions
- Cushwa v. Improvement L. & B. Ass'nWest Virginia Supreme Court · 1898
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Whitted v. Fuquay.Supreme Court of North Carolina · 1900
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
- Cook v. . CobbSupreme Court of North Carolina · 1888
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3Cited by15 opinions
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- State v. . R. R.Supreme Court of North Carolina · 1907
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