Supreme Court of North Carolina February 5, 1890 (Britt v. . Harrell)

Davis, J.

after stating the case: The sole question presented in this case is, Was the paper executed by Dunn & Kitchen a chattel mortgage? Was it sufficient to constitute a lien, legal or equitable, in favor of the plaintiffs against a purchaser at a sale made by the Sheriff under execution?

Whether the instrument, in itself, is a mortgage, is a question of law to be determined by the Court.