Williams v. . Davis
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, at the September Term, 1921,. of WARREN. Tbis is a controversy as to tbe title and possession of a tobacco crop, wbicb was sold by tbe defendant, Sheriff E. E. Davis, wbo collected and bas in bis custody tbe proceeds of tbe sale, subject to tbe decision of tbe court as to tbe ownership thereof.
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Appeal by plaintiff from Calvert, at the September Term, 1921,. of WARREN. Tbis is a controversy as to tbe title and possession of a tobacco crop, wbicb was sold by tbe defendant, Sheriff E. E. Davis, wbo collected and bas in bis custody tbe proceeds of tbe sale, subject to tbe decision of tbe court as to tbe ownership thereof. Tbe court, upon tbe matter being submitted to it with a statement of tbe facts, entered judgment as follows: “Tbis action, coming on to be beard at said term of said court, and being beard before Hon. Thomas H. Calvert, judge presiding, and a jury trial having been…
1Opinion of the CourtWalker, J.
There is no doubt that the instrument, under which the Citizens Bank asserts its right to the proceeds of sale now in the hands of the sheriff, is what is known as an agricultural lien, and was drawn and registered in accordance with the statute, C. S., 2480. Unless, therefore, the plaintiff can show a prior valid lien upon the crop of tobacco, the proceeds of which are now claimed by the defendants, the judgment of the court was correct. The lien of the Citizens Bank is, in form and substance, an agricultural lien, and as it was duly registered is entitled to preference over all other liens…
2Cases cited8 opinions
- Lehigh Water Co. v. EastonSupreme Court of the United States · 1887
- Wooten v. . HillSupreme Court of North Carolina · 1887
- O'Kelly v. . WilliamsSupreme Court of North Carolina · 1881
- Dail Bro. v. . FreemanSupreme Court of North Carolina · 1885
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Eastern Cotton Oil Co. v. PowellSupreme Court of North Carolina · 1931