Legal Opinion
Cheatham v. . Hawkins
Supreme Court of North Carolina
Decided January 5, 1879PublishedCited by 16 opinions
Civil Action tried at Spring Term, 1876, of Granville Superior Court, before Seymour, J. The statement in same case, 76 N. C., 835, and the facts set out by The Chief Justice in delivering the opinion of this court are . deemed sufficient to an understanding of the points decided. Judgment for plaintiff, appeal by defendants.
1Opinion of the Court
Smith, 0. J,
When this case was before the court upon the former appeal, 76 N. C., 335, Bynum, J., delivering the opinion of the court, thus comments on the mortgage deed ■:
“ To secure a debt the bargainor conveys in mortgage am entire stock of miscellaneous merchandise and at the same time in the deed reserves the possession of them for at least nine months. The implication is irresistible,, from the very nature of the business, that he was to continue in selling and trading as before, otherwise why retain possession of goods which would be a dead encumbrance on his hands-without the power of…
2Cases cited3 opinions
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Holmes v. . MarshallSupreme Court of North Carolina · 1878
3Cited by16 opinions
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- State v. . VoightSupreme Court of North Carolina · 1884
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Burwell v. . BurgwynSupreme Court of North Carolina · 1888
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