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

Jan. 1878 · Supreme Court of North Carolina

78 N.C. 100

JOHN C. GAY v. R. S. NASH.

Crop Lien — Registration.

A crop[lier¡. to secure agricultural advances (executed Under Bat. Rev. <ch. 65, || 19, SO) is valid inter partes, althoughtnoCregistered within ['thirty days as required hy the statute.

PROCEEDING to enforce a Lien for Advances for Agricultural Purposes commenced by affidavit before the Clerk and lieard upon issue joined at Fall Term, 1877, of Richmond Superior Co,urt, before Seymour, J.

Upon the trial it appeáred 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 con-¡¿deration of which, the defendant agreed to deliver to the plaintiff so much of the cotton, &c., as might be sufficient to pay said sum. The contract wa? executed January 14tlr., 1876, admitted to probate February 14oh, and registered. February 17th, thereafter. And Ilis*Honor dismissed the-proceeding upon the ground that the contract was not registered within 30 daj^s. Judgment in favor of defendant for costs. Appeal by plaintiff.

Messrs. T. P. Deeereux and J. W. Hinsdale, for plaintiff.

Messrs. 1. 8. Ashe and Battle Murdesai, 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, &?. And such written liens are required to be registered within 30 days. Bat. Rev. ch. 65. § § 19, 20. In this case the written lien was not registered within 30 days. That fact w'ould certainly make 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 good inter partes.

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

There is error.

Per Curian.. Judgment rcveised.