Huntsman Bros. v. Linville River Lumber Co.

Citations

• 29 S.E. 838
• 122 N.C. 583
• 1898 N.C. LEXIS 308

Syllabus

<p>Creditor's Bill — Appeal—Practice—Exception to Judgment — Lien—Mechanics Lien — Bight of Mechanic to Hold Personalty for Lien■ — Sale—Receiver.</p> <p>1. If an inspection of the record proper on appeal discloses error in the judgment below it will not be affirmed, although no exception was entered thereto or particular assignments of error therein were set out by appellant.</p> <p>2. Under Section 1783 of The Code, one who cuts timber and manufactures it into lumber for a corporation before a receiver is appointed therefor, has the right to retain the possession of such lumber until his lien is discharged by payment.</p> <p>3. Where one, who has the right under section 1783 of The Code to retain possession of and to sell personal property for the purpose of defraying his charges, is made a party to an action in the nature of a creditor’s bill against the owner in which the nature and amount of claimant’s debt are in dispute, he will be restrained from making a sale of the property until such contentions are settled.</p>