Legal Opinion

McCoy v. Wood

Supreme Court of North Carolina

Decided January 15, 1874PublishedCited by 5 opinions

^.CrviL actioN, (commenced by warrant, and carried up to the Superior Court of Chowan County, by appeal,) v here it was heard and determined by Albertson, J., at Fall Term, 1813, upon the following cabeagREeu : “ A verbal agreement was made in January, 1872, between defendant, Wood, and his intestate, Miller, that his intestate, Miller, should cultivate his farm for that year.

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^.CrviL actioN, (commenced by warrant, and carried up to the Superior Court of Chowan County, by appeal,) v here it was heard and determined by Albertson, J., at Fall Term, 1813, upon the following cabeagREeu : “ A verbal agreement was made in January, 1872, between defendant, Wood, and his intestate, Miller, that his intestate, Miller, should cultivate his farm for that year. Defendant was to furnish the team ; Miller to furnish labor and cultivate and house the crop, and deliver to defendant two-thirds of the crop made. It was agreed that Wood should advance money to pay for labor, and that…

1Opinion of the CourtRodMAf, J.

It appears from the case, agreed that the whole object of this action is to determine the priority between the liens of the plaintiff and defendant respectively, upon the crop raised by Miller. But for that agreement the question would not arise at all in the present case. The warrant claims a debt of $100 alleged to be owing to the plaintiff by Miller, and as it is admitted that Miller did owe fhe plaintiff $75, the plaintiff would be entitled to judgment against the defendant as administrator of Miller for that sum. No question of lien would arise, nor would the judgment fix the defendant…

2Cited by5 opinions

  1. Liles v. . RogersSupreme Court of North Carolina · 1893
  2. United Rentals, Inc. v. AngellCourt of Appeals for the Fourth Circuit · 2010
  3. Fidelity Co. v. Jordan.Supreme Court of North Carolina · 1904
  4. Eason Ex Rel. Eason v. DewSupreme Court of North Carolina · 1956
  5. White v. . RiddleSupreme Court of North Carolina · 1930

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