Opinion · Supreme Court of North Carolina

Gay v. . Nash

Gay v. . Nash, 78 N.C. 100 (N.C. 1878)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1878-01-05
Topic
general

Reade, J. The statute provides that a written lien upon a crop, for advances of means to make the crop, shall have preference of other liens, &?. And such written liens are required to be registered within 30 days. Bat. Rev. ch. 65. § § 19, 20.

Citator

UpLaw has not yet analyzed Gay v. . Nash. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions
GAYv. NASH,78 N.C. 100(1878)
JOHN C. GAY v. R. S. NASH.
Supreme Court of North Carolina
(January Term, 1878.)
Crop Lien — Registration.

A crop lien to secure agricultural advances (executed under Bat. Rev., ch. 65, secs. 19, 20) is validinter partes, although not registered within thirty days, as required by the statute.
PROCEEDING to enforce a lien for advances for agricultural purposes, commenced by affidavit before the clerk and heard upon issue joined at Fall Term, 1877, of RICHMOND, beforeSeymour, J.

Upon the trial it appeared that the parties had entered into a written contract in which the plaintiff, merchant, agreed to furnish supplies to the amount of $700 to the defendant, planter, to enable him to cultivate a crop, in consideration of which the defendant agreed to deliver to the plaintiff so much of the cotton, etc., as might be sufficient to pay said sum. The contract was executed 14 January, 1876, admitted to probate 14 February, and registered 17 February thereafter. (101) And his Honor dismissed the proceeding upon the ground that the contract was not registered within thirty days. Judgment in favor of defendant for costs. Appeal by plaintiff.
T. P. Devereux and J. W. Hinsdale for plaintiff.T. S. Ashe and Battle Mordecai for defendant.
READE, J.
The statute provides that a written lien upon a crop, for advances of means to make the crop, shall have preference of other liens, etc.; and such written liens are required to be registered within thirty days. Bat. Rev., ch. 65, secs. 19, 20. In this case the written lien was not registered within thirty days. That fact would certainlyPage 68make it void as to third persons; but the question here is, whether it is good as between the parties.

We are of the opinion that it is goodinter partes.

The object of registration is to give notice. The parties have notice without registration.

PER CURIAM. Reversed.Cited: S. c.,84 N.C. 334;Reese v. Cole,93 N.C. 90;Butts v.Screws,95 N.C. 218;Nichols v. Speller,120 N.C. 79.

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