{
  "id": 8650265,
  "name": "J. B. PERRY v. DUNCAN BRAGG",
  "name_abbreviation": "Perry v. Bragg",
  "decision_date": "1891-09",
  "docket_number": "",
  "first_page": "303",
  "last_page": "304",
  "citations": [
    {
      "type": "official",
      "cite": "109 N.C. 303"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 157,
    "char_count": 2183,
    "ocr_confidence": 0.561,
    "sha256": "54a8950285e0e2500f1c12b858ff6da3b228548f5702f509e636e86f5849f957",
    "simhash": "1:636bac50f5ce6e88",
    "word_count": 382
  },
  "last_updated": "2023-07-14T20:47:39.876308+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. B. PERRY v. DUNCAN BRAGG."
    ],
    "opinions": [
      {
        "text": "Clark, J.:\nThis action is to recover certain crops by virtue of an agricultural lien thereon given by the defendant to the plaintiff. The said lien describes the lands on which such crops are to be raised, as follows: \u201cUpon a tract of land in Granville County, known as the C. H. Dement, deceased, or any other lands he (the defendant) may cultivate during the year 1888.\u201d The Court ruled that the description of the land on which the crops were raised was too vague and uncertain to pass title to said crops, and rendered judgment on that ground against the plaintiff, to which he excepted. The record discloses no other ruling of the Judge, nor any other exception by appellant.\nIt has been held in Weil v. Flowers, ante, 212, that a description, similar to that above recited, was valid and sufficient as to crops raised by the defendant during the year on the land in the county named \u201cknown as C. H. Dement, deceased,\u201d and that such description is not rendered invalid and insufficient by the superadded words, \u201c or any other lands he may cultivate.\u201d The latter words are mere sur-plusage, not vitiating the definite words preceding them, \u201cthe land in Granvill\u00e9 County known as C. H. Dement, deceased,\u201d which admit of parol proof to identify it.\nThere is no suggestion by exception, nor in the printed briefs filed by counsel, that the land of \u201c C. H. Dement, deceased,\u201d was not sufficiently identified by proof, but if there is any doubt on that point, the facts will be developed in a new trial.\nError.",
        "type": "majority",
        "author": "Clark, J.:"
      }
    ],
    "attorneys": [
      "Mr. N. Y Gulley (by brief), for plaintiff.",
      "Mr. J. W. Hays (by brief), for defendant."
    ],
    "corrections": "",
    "head_matter": "J. B. PERRY v. DUNCAN BRAGG.\nAgricultural Lien \u2014 Description.\nA description in an agricultural lien of the land upon which the crops were to be grown as \u201c a tract of land in Granville County, known as the C. H. Dement, deceased, or any other lands he (defendant) may cultivate during the year 1889,\u201d is not void for uncertainty as to the \u201c Dement \u201d tract (which may be aided by parol proof), but is void in respect to the other lands mentioned.\nCivil actioN, tried at January Term, 1891, of GraNVille Superior Court, Boykin, J., presiding.\nJudgment for defendant, and plaintiff appealed.\nMr. N. Y Gulley (by brief), for plaintiff.\nMr. J. W. Hays (by brief), for defendant."
  },
  "file_name": "0303-01",
  "first_page_order": 337,
  "last_page_order": 338
}
