Legal Opinion

Branch v. . Saunders

Supreme Court of North Carolina

Decided February 22, 1928PublishedCited by 3 opinions

1Opinion of the CourtEkogdbn, J.

Drainage assessments unmatured or not due are not liens or encumbrances within the meaning of the law. They are “charges” attaching to the land, as they fall due from time to time and follow the land until all have been liquidated. Thus in Taylor v. Commissioners, 176 N. C., 217, this Court held: “The drainage tax becomes a lien, just as the benefits accrue, i. e., annually. . . . It is a lien in rem, accruing annually and resting upon the land into whosoever bands it may be at that time.” So, also, in Pate v. Banks, 178 N. C., p. 141, the Court said: “The lien of the charges for drainage is…

2Cases cited3 opinions

  1. Comrs. v. . SparksSupreme Court of North Carolina · 1920
  2. Foil v. Board of Drainage Comrs. of Big Cold Water Drainage District No. 1Supreme Court of North Carolina · 1926
  3. Taylor v. Commissioners of Moseley Creek Drainage DistrictSupreme Court of North Carolina · 1918

3Cited by3 opinions

  1. Wilkinson v. . BoomerSupreme Court of North Carolina · 1940
  2. Virginia-Carolina Joint Stock Land Bank v. WattSupreme Court of North Carolina · 1935
  3. Hobson Et Ux. v. BeallOregon Supreme Court · 1929

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