Carpenter v. . Medford
Supreme Court of North Carolina
Description in Deed — Sale of Trees — Statute of Frauds — Parol Evidence— Contract. This was a civil ACTION, tried before Graves, J., at Spring Term, 1887, of Haywood Superior Court.
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Description in Deed — Sale of Trees — Statute of Frauds — Parol Evidence— Contract. This was a civil ACTION, tried before Graves, J., at Spring Term, 1887, of Haywood Superior Court. One W. L. Massey, being the owner of the tract of land whereof the boundaries are given in the complaint, as well as its location in Haywood County, entered into the following contract: “Received of Carpenter, Rhodes & Co., by J. F. Waddell, $45, for nine walnut trees on my premises, on the waters of Pigeon River, Haywood County (Township No. 4), N. C. I hereby give the said Carpenter, Rhodes & Co. permission to…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The controversy is thus narrowed to a single proposition, involving the competency of the evidence to identify the trees, as the subject-matter of the contract, and give it efficiency as an instrument conveying -title to the plaintiffs. It was in form and effect a deed, with all the requirements necessary in passing title, and if the imperfect designation of the trees, upon which it is to operate, can be aided by parol proof, they are ascertained.
Although so partaking of the realty as to come under the statute of frauds, as held in Mizell v. Burnett, 4…
2Cases cited6 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Goff, Cranston & Co. v. PopeSupreme Court of North Carolina · 1880
- Harris v. . WoodardSupreme Court of North Carolina · 1887
- Dunkart v. . RineheartSupreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Morris v. . ConnorSupreme Court of North Carolina · 1891
- Pitts v. . CurtisSupreme Court of North Carolina · 1910