178 N.C. 657
Supreme Court of North Carolina
Decided October 22, 1919
Supreme Court of North Carolina · decided 1919-10-22
Appeal by defendant from Oalvert, J., at the August Term, 1919, of BlADEN. This is an action on two notes, one for $1,254 secured by an agricultural lien, and the other for $287.78, secured by notes deposited as collateral, and an account for fertilizers also secured in said lien. The plaintiff sued out claim and delivery papers in the action under which twenty-five bushels of corn and the collateral notes were seized, and delivered to the plaintiff in January, 1916.
Decided 1919-10-22
¶1Tbe defendant is entitled to be credited witb tbe value of tbe notes seized in' tbis action and delivered to tbe plaintiff, under tbe authority of Smith v. Branch, 141 N. C., 1, and tbe execution upon tbe judgment is suspended until tbis amount can be ascertained by reference or otherwise, and due- credit be given.
¶2We have examined tbe other exceptions relied on by tbe defendant and find no error.
¶3Modified and affirmed. .