Loftin v. . Crossland
Supreme Court of North Carolina
This was an ACTION to recover possession of certain crops raised on land belonging to the feme defendant, and was tried before Avery, Judge, at November Term, 1885, of Lenoir Superior Court.
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This was an ACTION to recover possession of certain crops raised on land belonging to the feme defendant, and was tried before Avery, Judge, at November Term, 1885, of Lenoir Superior Court. The plaintiff claimed title to the property sued for, under a lien bond, hereinafter set forth, executed by one N. L. Hemby, who had rented certain lands from the defendant S. T. Cross-land for the year, 1883, and by the said S. T. Crossland, to secure him for the advancement of certain agricultural supplies to be used in the cultivation of a crop on said land during said year. The feme defendant also…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The exceptions to be considered on the appeal are to the rulings that,
1. There is no evidence that the defendant, who became himself a party to the Hen bond, had authority from the feme defendant, bis wife, to enter into such obligation or to bind her thereby.
2. Neither any act nor declaration of hers, superinducing the plaintiff’s action, estops her from asserting, as owner and lessor of the land, her superior lien upon the crops for rent.
I. There is not only no ground furnished in the testimony to sustain the first exception,but the contrary is shown: Both…
2Cases cited3 opinions
- Burnett v. . NicholsonSupreme Court of North Carolina · 1882
- Holmes v. CrowellSupreme Court of North Carolina · 1875
- Exum v. . CogdellSupreme Court of North Carolina · 1876
3Cited by9 opinions
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Durkee v. CarrOregon Supreme Court · 1900
- Estis v. . JacksonSupreme Court of North Carolina · 1892
- Williams v. . WalkerSupreme Court of North Carolina · 1892
- Wells v. . BattsSupreme Court of North Carolina · 1893
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