Clark v. . Farrar
Supreme Court of North Carolina
Orra, ActioN tried before Seymour. at July (Special) ".Term, 1875, of Edgecombe Superior Court. • The facts of this case are substantially as follows : - ■ On the 5tli day of July, 1873, one Barnhill executed to tbe ; plaintiff a mortgage on his personal property and. crop,- to be made during-that'year - on the land of Alman Heart in said county, being indebted to the plaintiff in the sum of five hun-■dréd and'thirty-dollars, for' advances made to' him to enable Mm to plant…
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Orra, ActioN tried before Seymour. at July (Special) ".Term, 1875, of Edgecombe Superior Court. • The facts of this case are substantially as follows : - ■ On the 5tli day of July, 1873, one Barnhill executed to tbe ; plaintiff a mortgage on his personal property and. crop,- to be made during-that'year - on the land of Alman Heart in said county, being indebted to the plaintiff in the sum of five hun-■dréd and'thirty-dollars, for' advances made to' him to enable Mm to plant and cultivate, and at* .the same time .and by the -samo instrument gave •• the plaintiff-a lien on said crop to. secure…
1Opinion of the CourtByNTJM, J.
It is not denied that the agricultural lien of the plaintiff was executed according to the statute, and is valid, and that he is entitled to recover in this action, unless the agreement in writing between Earnliill and the defendant is valid, either as an agricultural lien or a mortgage. So the only question is, whether that agreement is valid for either purpose.
I. Is it an agricultural lien ? That depends upon the construction to be given to the act authorizing such liens to be given, Bat. Rev., chap. 65, sec. 19. That section is as follows: “ If any person or persons shall make any advance…
2Cited by11 opinions
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- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
- Tobacco Growers Co-Operative Ass'n v. PattersonSupreme Court of North Carolina · 1924
- Rhodes v. Smith-Douglass Fertilizer Co.Supreme Court of North Carolina · 1941
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