Sharpe v. . Pearce
Supreme Court of North Carolina
Civil ActioN, for the claim and delivery of personal property, tried on demurrer before his Honor, Judge Mvore, attire Pali Term, 1875, of Hektfoed Superior Court. The plaintiff filed the following affidavit, to-wit: “ John B. Sharpe, the plaintiff above named, being duly sworn, says: 1. That lie is now the owner, and entitled to the immediate possession of the following described property: one bay horse about twelve years old.
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Civil ActioN, for the claim and delivery of personal property, tried on demurrer before his Honor, Judge Mvore, attire Pali Term, 1875, of Hektfoed Superior Court. The plaintiff filed the following affidavit, to-wit: “ John B. Sharpe, the plaintiff above named, being duly sworn, says: 1. That lie is now the owner, and entitled to the immediate possession of the following described property: one bay horse about twelve years old. That said property is wrongfully detained by one Hardy Pearce. That the alleged cause of detention, according to this plaintiff’s best knowledge, information and…
1Opinion of the Court
ByNüm J.
The plaintiff sold and delivered to Miller a sorrel horse, at the same time taking a mortgage upon the same horse and other property to secure the purchase money and other debts. Miller, the mortgagor, afterwards traded the horse for another — a bay horse about twelve years old, with the consent of the plaintiff and with the,understanding that he should stand in the mortgage iu the place of the sorrel. After this, the mortgagor traded off the bay horse to the defendant for another horse alleged to have been worthless; whereupon the plaintiff brought his action of claim and delivery…
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- J. F. White Co. v. CarrollSupreme Court of North Carolina · 1907
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