Butts v. . Screws
Supreme Court of North Carolina
This was an action to recover a horse, cart and harness, tried before Connor, Judge, at April Term, 1886, of WayNE Superior Court. As ancillary to the action, the plaintiff, at the time of suing out the summons, obtained a requisition for the delivery of the property, issued to the Sheriff of Wayne county, who, in pursuance of said order, seized the said property and delivered the same to the plaintiff.
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This was an action to recover a horse, cart and harness, tried before Connor, Judge, at April Term, 1886, of WayNE Superior Court. As ancillary to the action, the plaintiff, at the time of suing out the summons, obtained a requisition for the delivery of the property, issued to the Sheriff of Wayne county, who, in pursuance of said order, seized the said property and delivered the same to the plaintiff. The plaintiff in his complaint alleged, that he was the owner and entitled to the immediate possession of one horse, cart and harness, and that the same was wrongfully detained by the…
1Opinion of the CourtAshe, J.
(after stating the facts). There are many cases in the reports of the decisions of this Court, where the Court has been called upon to put a construction upon instruments similar in terms to this contract, and it has been almost uniformly held, that they are evidences of conditional sales. To that effect is Clayton v. Hester, 80 N. C., 275; Ellison v. Jones, 4 Ired., 48; Ballard v. Sudderth, 10 Ired., 176; Vassar v. Buxton, 86 N. C., 335; Paris v. Roberts, 12 Ired., 268. The difference between this and those cases is, that this was a parol agreement, and the others were in writing, but it is…
2Cases cited6 opinions
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Clayton v. . HesterSupreme Court of North Carolina · 1879
- Deal v. . PalmerSupreme Court of North Carolina · 1875
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
- Vasser v. J. A. Buxton & Co.Supreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Brewer v. RingSupreme Court of North Carolina · 1919
- Blackford v. NeavesArizona Supreme Court · 1922
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Rankin v. . OatesSupreme Court of North Carolina · 1922
32 more not listed; retrieve them via the Exa API.