Calloway v. . Witherspoon
Supreme Court of North Carolina
Cause removed from the Court of Equity of Caldwell County, at the Spring Term, 1S44, by consent of parties. The bill charges, that the plaintiff and William Howard were the bastard and only children of one Polly Howard, and that William Howard died in August 1840, intestate, and without any lawful issue.
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Cause removed from the Court of Equity of Caldwell County, at the Spring Term, 1S44, by consent of parties. The bill charges, that the plaintiff and William Howard were the bastard and only children of one Polly Howard, and that William Howard died in August 1840, intestate, and without any lawful issue. For nine or ten years before his death, he had been very intemperate, so-much so that his mind was impaired ; and about two-months before his death, he purchased from the defendant,. John Witherspoon, a tract of land, for the sum of $4,000=, which he paid for in notes upon other persons. The…
1Opinion of the CourtNash, J.
The equity of purchasing William Howard bargained for, and intended to buy, a fee simple in the land, and was induced by the fraudulent representations of the said Witherspoon to accept a deed, which did not convey such an interest, under the belief, that it did convey it, and that it was sufficient for that purpose. The bill charges, that the price paid for the land was the full value of the fee simple, and the answers do not deny it. It is indeed admitted by the defendant, John Witherspoon, that the land, when allotted to his wife, was valued at $2,700, but he denies that was its full…
Also in this document: Per curiam.
2Cited by2 opinions
- Scanlon v. ConnorMichigan Supreme Court · 1911
- Tindel v. WilliamsSupreme Court of Oklahoma · 1940