McNeal Pipe & Foundry Co. v. Woltman, Keith & Co.

Citations

• 19 S.E. 109
• 114 N.C. 178

Syllabus

<p>Notary’s Certificate of Acknoioledgment of Deed — Mortgage of Partnership Property by one Partner — Affixing Seal to Partnership Name— Water-tuorks Machinery and Pixmchise•— Public Necessity of Sale of,' together — Receiver—Time of Proving C’laims.</p> <p>1. The certificate of a Notary Public concerning the probate or acknowledgment of deeds is prima facie, evidence of the truth of its pertinent recitals; lienee a notary’s certificate on a trust deed signed by “ W., K. & Co.” that it was “acknowledged by E. Wl, one of the firm of W., K. & Co., the grantors,” is evidence of the fact that the deed was executed by a member of the firm.</p> <p>2. A trust deed executed by one member of the firm in the firm name, with seal attached, is binding on the firm as a contract, though not as a deed.</p> <p>3. A seal is not necessary to the due execution of a mortgage of personal property, and hence a seal affixed to the firm name signed to a deed of trust of personal property does not invalidate the conveyance.</p> <p>4. Contractors for the construction of a city water-works plant for a water company gave a trust deed on the machinery to the seller, which provided that the machinery should not be considered as fixtures until the debt was paid; the machinery was placed on the ground provided by the company, but was not paid for; a receiver for the company was afterwards appointed, and proceedings instituted to wund up its affairs: Held, that public necessity required that the plant and the company’s franchise should be sold together, and that the deed should -be a specific lien thereon, to the extent of the value of the machinery, except as to the claim of certain heirshav-ing an interest in the land.</p> <p>5. Though a day was set for all creditors of the company to come in and exhibit their claims, the Court could, in its discretion, allow further time, or permit creditors to prove their claims after such time, on showing reasons for failure to come in within the time fixed.<