Bost v. . Setzer
Supreme Court of North Carolina
Ejectment tried at Pall Term, 1882, of Catawba Superior Court, before Avery, J. The following issues were submitted to the jury : 1. Did Jonathan Bost sign, seal and deliver the paper - writing offered in evidence, and under which the plaintiffs claim. 2. Did the defendant, Daniel Setzer, have notice of the execution of said deed, and the claims of the heirs of Miles W. A. Bost, when the said Jonathan Bost conveyed the land in controversy to said Daniel Setzer? 3. Did Daniel…
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Ejectment tried at Pall Term, 1882, of Catawba Superior Court, before Avery, J. The following issues were submitted to the jury : 1. Did Jonathan Bost sign, seal and deliver the paper - writing offered in evidence, and under which the plaintiffs claim. 2. Did the defendant, Daniel Setzer, have notice of the execution of said deed, and the claims of the heirs of Miles W. A. Bost, when the said Jonathan Bost conveyed the land in controversy to said Daniel Setzer? 3. Did Daniel Setzer pay a fair price for the land in controversy? 4. What is the annual rental value of the land in controversy ?…
1Opinion of the CourtAshe, J.
The only question which the record presents for the consideration of this court is — was Daniel Setzer, the defendant, by the deed he received from Jonathan Bost in 1867, a purchaser of the land in controversy for a fair price and without notice of the deed or claim of the plaintiffs?
It was in evidence that the defendant paid for the land in controversy seven dollars and fifty cents per acre, and the jury found that that was a fair price; and the only inquiry then is — was the purchase without notice.
The notice, to affect the title of a subsequent purchaser under the statute of 27 Elizabeth,…
2Cases cited2 opinions
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- Ebersoll v. KrugSupreme Court of Pennsylvania · 1812
3Cited by7 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Smith v. . FullerSupreme Court of North Carolina · 1910
- Johnson v. . HauserSupreme Court of North Carolina · 1883
- Staton v. DavenportSupreme Court of North Carolina · 1886
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