The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-10-16
SUPREME COURT DECISIONS
KING VS.. POWELL. Error.

KING VS.. POWELL. Error.
The Statute of Limitations cannot be
set UP by demurrer. Code section 1873;
Green VS.. Railroad, 70 N. c. 524; Guthrie
VS.. Bacon, 1O7 N. c. 337; Bank VS.. Lough-
ran, 12o N. c. 6GS.
MAYO VS.. DOCKERY. Appeal dismissed.
After an order Of removal Of q cause
by a Federal judge no appeal lies from
the order of the Superior court judge
directing the Superior court clerk to GER
tify the record in the cause to the Fedora
court. Such order of the Superior couri
Judge does not profess to remove the
cause to the Federal court, nor to stay
proceedings in the Superior court but
merely directs the clerk to do that which
the law 08 L. S. Stats. 400 required him
to do.
POWELL VS.. PERRY. New trial.
Where a landlord rays for supplies
which have been furnished by another to
the landlords tenant to make a crop,
the supplies having been furnished upon
the landlords promise to be responsible
for payment. such supplies are an "ad-
vancement"-within the meaning Of 1874
of The Code and entitled to the protec-
ton of "the landlords lien: and al
though payment is not made by the land
lord until after suit brought by him
against one who has seized the crop, the
payment dates back to the time when
the supplies were furnished.
PERRY VS.. PERRY. No error.
The guardian Of infant wards gave
possession of the wards land to the de-
PENDANT Perry under agreement hat de-
PENDANT Perry should have the privi-
lege of working the land himself, pay
ing rent therefor" or might rent it uot
to others. Defendant Perry rented the
and in 1898 to defendant Warrington
and during the year advanced supplies
to Warrington to aid him in making a
crop. Afterwards, during the same year.
Warrington executed a mortgage on the
crops TO secure his note due the plain
tiff. After the payment of rent to de-
PENDANT Perry, he undertook to apply the
remainder of the crop to the debt which
Warrington owed him for supplies and
the plaintiff brought this action to nave
the remainder of the crop applied to the
satisfaction of his mortgage. The trial
judge instructed the jury to find against
the plaintiffs contentious;
Held, no error. The agreement be-
tween defendant Perry and the guardian
made defendant Perry tenant to the guar
Nioii ohu II subsequent agreement De-
tween Perry and Warrington constitu-
ted between them the relation of land
lord and tenant and rendered the crop
first liable to the payment of the rent
and amount due for supplies furnished the
crop.
Held, that the contract between the
defendant Perry and the guardian was
not void under Chapter S3, Acts 1891. re-
curing that all sales and rentings by
guardians shall be publicly made. etc.
ana that the proceeds of renting shall
be secured by bond.
DIETRICH VS.. CASHIE G. Ct1OwAN
RAILROAD AND LUMBER co Error
Where, in an action by an emnlove
VINO alleges unlawful discharge nv tho
employer, to recover the contract nrice
OF services to be rendered for one wear
the ehpioye proves a valid contract and
oohd noe purpose on his part to perform
me same, the burden is upon the om-
ployer TO SHOW legal excuse for discbarg-
ing the employe. Abbott's Trial Ev (ond
ed AIS; Woods Master and Servant 2e7
26S. -"'
fOGH VS.. BAKER. Reversed.
me regal requirement in reference r.
d iaoorers lien and the filing thereof
- mel IL tne instrument filed gives nub-
nc hotce OF the claim and is sufficient
~ hotl1y with certainty, as to details
'nose interested in the property unon
"hicn the lien is filed and sets forth tho
cohtract OF service. In such case if tho
o"her OF the land has died before tho
ilen was filed and no administrator hoe
oeeh appointed, the use of the name Of
III deceased employer in the canton of
.he ilen as the person against whom il
!" nieu, does not affect it's validity.
Inc Ming of a laborer's lien unon GROVE
. ouilnlnss is a proceeding in rem and
\ suinclent in form and substance is
anu though the owner of the nronerty
ma ulea before the lien is filed; where
'His case, no administrator had
Dn appointed when the lien was fled
anu 'he property sought to be Subjected
d oeeh taken by another under process
al employee under a contract of nm
ployihent Tor a specified term NAV o.
'er me employers death during tho TOW
OF service, recover from the persons, ron
aesentative for the whole term of sorr;ao
. All Eng. Emo. of Law (2nd Ed 10os