J. B. Nichols & Bro. v. Speller
Supreme Court of North Carolina
AotioN of claiM and delivery, tried before Hobinson, L., at Fall term, 1896, of Beetie Superior Court. A jury trial was waived, and the court found the facts.
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AotioN of claiM and delivery, tried before Hobinson, L., at Fall term, 1896, of Beetie Superior Court. A jury trial was waived, and the court found the facts. The plaintiffs introduced a lien bond from Andrew Speller to plaintiffs, as follows: “Whereas, J. B. Nichols & Bro. have this day agreed to make advances of supplies and money to Andrew Speller during the year 1893, not to exceed $750, for the cultivation of crop upon the following described land [describing the land]: Now, therefore, in consideration of the premises, I promise to pay the amount advanced me on or before the first of…
1Opinion of the Court
Douglas, J.:
There are three exceptions relied upon by the defendant appellant, all to the refusal of the court below to give special instructions prayed by the defendant. These instructions practically depended upon the single question whether certain articles, such as dry goods, shoes, tobacco, powders, snuff and candy, were .or could be covered by an agricultural lien, under section 1799 of the Code.
The lien in question not only gave “a, lien upon all the crops,” to be made by the defendant upon the land in question, with full power to take and sell upon default; but also in apt and…
2Cases cited5 opinions
- Womble v. . LeachSupreme Court of North Carolina · 1880
- Clark v. . FarrarSupreme Court of North Carolina · 1876
- Rawlings v. . HuntSupreme Court of North Carolina · 1884
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
- Gay v. . NashSupreme Court of North Carolina · 1878