Killebrew v. . Hines
Supreme Court of North Carolina
Vendor and Vendee — Crops—Mortgagor and Mortgagee — Lien. Civil action, tried before MacRae, J., upon exceptions to a report, at Spring Term, 1889, of Edgecombe Superior Court.
Read the full summary
Vendor and Vendee — Crops—Mortgagor and Mortgagee — Lien. Civil action, tried before MacRae, J., upon exceptions to a report, at Spring Term, 1889, of Edgecombe Superior Court. The plaintiffs contracted in writing on the first day of January, 1882, to sell to the defendant Hines a tract of land, and the following is a copy of that contract: “Articles of agreement, between John I. Killebrew and Joshua Bullock, of the first part, and Joshua Hines, Ashley Hines and AVatson Hines of the second part, wit-nesseth: That the said Hineses are to pay to Killebrew & Bullock fifteen bales of good cotton…
1Opinion of the Court
*188Shepherd, J.
— after stating the facts: The controversy in this case is between Wells, whose advances in money and supplies (which are secured by a registered agricultural lien) contributed materially to the making of the crops, and the .plaintiffs, whose claim is based upon the legal title to the land upon which the crop was made, as well as upon the particular provisions of the unregistered contract to convey.
It is well settled that, so far as the questions involved in this action are concerned, a vendee, let into possession under a contract of purchase, stands on the same footing as a…
2Cases cited7 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Jones v. . BoydSupreme Court of North Carolina · 1879
- Jones v. . HillSupreme Court of North Carolina · 1870
- Coor v. . SmithSupreme Court of North Carolina · 1888
2 more not listed; retrieve them via the Exa API.