W. C. Kiser & Co. v. Blanton
Supreme Court of North Carolina
Civil action of claim and delivery for a horse and cow of the value of $25, begun in the Justice’s court and taken by appeal of defendant to the Superior Court of Lincoln County, and heard before Greene, J., at Pall Term, 1898. The plaintiffs claimed the property under a mortgage .made to them by defendant to secure a debt of $21. It was admitted by plaintiff, that in this action he had not asked for all the property contained in the mortgage, but for only a part thereof,…
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Civil action of claim and delivery for a horse and cow of the value of $25, begun in the Justice’s court and taken by appeal of defendant to the Superior Court of Lincoln County, and heard before Greene, J., at Pall Term, 1898. The plaintiffs claimed the property under a mortgage .made to them by defendant to secure a debt of $21. It was admitted by plaintiff, that in this action he had not asked for all the property contained in the mortgage, but for only a part thereof, dividing up the articles mentioned in the mortgage for the ' purpose of conferring jurisdiction upon a Justice of the…
1Opinion of the Court
Fukches, J.:
This action was commenced before a Justice of the Peace by the plaintiff mortgagee against the defendant mortgagor, for the possession of a horse and a cow, conveyed in the mortgage. The debt secured was $21 and the property sued for was found by the jury to be worth $17. The plaintiff gave bond under the statute {Code, Section 322 et seq.) upon which he obtained an order for possession, and the property "was taken thereunder and delivered to the plaintiff.
On the return day of the summons, the defendant ap-. peared before the Justice of the Peace who issued the summons, filed an…
2Cases cited9 opinions
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Caldwell, Ex'r v. . BeattySupreme Court of North Carolina · 1873
- Jordan v. . FarthingSupreme Court of North Carolina · 1895
- Wilson Cotton Mills v. Randleman Cotton MillsSupreme Court of North Carolina · 1895
- Jarman v. . WardSupreme Court of North Carolina · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- City of Wilmington v. SchuttSupreme Court of North Carolina · 1947
- Love v. HuffinesSupreme Court of North Carolina · 1909
- Farmville Oil & Fertilizer Co. v. BowenSupreme Court of North Carolina · 1933
- Love v. . HuffinesSupreme Court of North Carolina · 1909
1 more not listed; retrieve them via the Exa API.