Citation Numbers: 31 S.E. 346, 123 N.C. 120
Judges: Clark
Filed Date: 10/18/1898
Status: Precedential
Modified Date: 10/19/2024
The land was sold on 12 July, 1897, under the deed of trust, the purchaser immediately, during the preparation of the deed, entertained negotiations with the mortgagor, giving him the option to buy back the property or pay rent, his decision to be made in ten days, and he continued in possession in consequence. The trustee's deed to the purchaser was filed for registration the same day, and a few moments *Page 111
thereafter the defendant filed in the same office a mortgage on the crop, which had been executed on 31 March, 1897. This is not expressed to be for advances to be made, and, besides, it was not recorded within thirty days after its execution, and therefore has no rights as an agricultural lien by virtue of The Code, sec. 1799, and its amendment, acts 1899, ch. 476, and Killebrew v. Hines,
No error.
(125)