B. W. Ballard & Co. v. Johnson
Supreme Court of North Carolina
This was a civil actiox, tried at January Term, 1893, of FeaNkliN Superior Court, before Shuford, J., and a jury. Tlie action of claim and delivery of personal property was brought by plaintiffs against the defendant George Johnson to recover possession of certain crops which had been convoyed to plaintiffs by defendant by lien bond and mortgage registered March 23, 1891, to secure advances to be made to enable him to.make a crop during the year 1891 on lands rented from…
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This was a civil actiox, tried at January Term, 1893, of FeaNkliN Superior Court, before Shuford, J., and a jury. Tlie action of claim and delivery of personal property was brought by plaintiffs against the defendant George Johnson to recover possession of certain crops which had been convoyed to plaintiffs by defendant by lien bond and mortgage registered March 23, 1891, to secure advances to be made to enable him to.make a crop during the year 1891 on lands rented from defendant D. IT. Gill. Said D. IT. Gill was allowed to interplead and set up title to crops in himself. In response to…
1Opinion of the Court
Shepherd, C. J.:
For the encouragement of agriculture the Legislature has provided that one who advances moiiev or supplies to any person who is engaged in, or about to engage in, the cultivation of the soil shall, if the agreement be in writing and registered, be entitled to a lien on the crops made during the year in which such advances are made. It is also provided that this lien shall be preferred “ to all other liens existing or otherwise, to the extent of such advances.” The Code, §1799. It is further provided by section 1754 that a landlord shall have a lien on the crops of bis tenant…
2Cases cited3 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Brown v. . BrownSupreme Court of North Carolina · 1891
- Thigpen v. . MagetSupreme Court of North Carolina · 1890
3Cited by3 opinions
- Fleming v. . DavenportSupreme Court of North Carolina · 1895
- Brooks v. . GarrettSupreme Court of North Carolina · 1928
- Eastern Cotton Oil Co. v. PowellSupreme Court of North Carolina · 1931