Befarrah v. Spell.
Supreme Court of North Carolina
Appeal by defendant from Guión, J., at February Term, 1919, of SAMPSON. This is an action to collect certain notes given for tbe purchase price of a stock of goods.
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Appeal by defendant from Guión, J., at February Term, 1919, of SAMPSON. This is an action to collect certain notes given for tbe purchase price of a stock of goods. Tbe facts are as follows: On 28 March, 1917, N. J. Aboud, a merchant at Roseboro, N. C., sold to the defendant, T. F. Spell, his entire stock of merchandise for the sum of four thousand dollars, five hundred dollars of which was paid in cash and the balance represented by notes as set out in article two of the complaint, said notes being secured by a mortgage deed upon the dwelling-house and premises of the defendant, I. Y. Spell,…
1Opinion of the CourtAlleN, J.
A vendor’s lien for the purchase money “does not attach to personalty” (39 Oye., 1804), and in this State we have gone further and have refused to follow the English doctrine, giving such a lien in sales of land.
“Ever since the leading case of Womble v. Battle, 38 N. C., 182, decided in 1844, it has been settled in this State that a vendor of real estate who has convoyed it by deed has no lien upon the land for the purchase money, and that the English doctrine of the purchase-money lien does not obtain here.” Lumber Co. v. Lumber Co., 150 N. C., 288.
It follows that his Honor was in error in…
2Cases cited4 opinions
- Hickson Lumber Co. v. Gay Lumber Co.Supreme Court of North Carolina · 1909
- Womble v. . BattleSupreme Court of North Carolina · 1844
- Chemical Co. v. Sloan.Supreme Court of North Carolina · 1904
- Gardner v. . McConnaugheySupreme Court of North Carolina · 1911
3Cited by2 opinions
- Household Finance Corp. v. EllisCourt of Appeals of North Carolina · 1992
- Crow v. . MorganSupreme Court of North Carolina · 1936