H. B. Taliaferro & Co. v. W. A. Sater & Co.
Supreme Court of North Carolina
Civil action, tried at November Term, 1892, of Halifax Superior Court, before Shvford, J., and a jury. The appellees, who are interpleaders in this action, claim the properly in dispute under a mortgage made to them on March'16, 1890, by the defendant S. J. Rawls to secure a debt due from him individually to them.
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Civil action, tried at November Term, 1892, of Halifax Superior Court, before Shvford, J., and a jury. The appellees, who are interpleaders in this action, claim the properly in dispute under a mortgage made to them on March'16, 1890, by the defendant S. J. Rawls to secure a debt due from him individually to them. In that mortgage the property assigned is described as “ all the lumber owned by said Rawls at his mill now on the land of Mrs. Virginia Grizzard, in Halifax County, N. C., near the town of Halifax, both sawed and unsawed, and also all the lumber owned by him at his siding at the…
1Opinion of the CourtBukvvell, J.
(after stating the main facts): In the argument before us, no question was made as to the validity of the mortgages described in the pleadings, nor is it necessary for us to pass upon them, as the case is now presented to us.
The mill spoken of in this latter instrument was the mill of Rawls mentioned in his mortgage to the interpleaders heretofore set out, and it was operated by the firm of Sater & Co. during the existence of the copartnership.
The mortgage made by Rawls to Hale Brothers did not at all affect the right that he acquired by his contract with Jackson to cut timber on the latter’s…
2Cited by1 opinion
- Furgerson v. Twisdale.Supreme Court of North Carolina · 1905