Kirkman v. . Smith
Supreme Court of North Carolina
Actiojst, beard on demurrer to complaint before Long, J., at Spring Term, 1918, of MecKLENbubg. On matter relevant to tbe question presented, tbe complaint alleged tbat defendant bad entered into a written contract to purchase of plaintiff a tract of land of 132 acres at tbe price of $4,000, or to buy one-balf at $2,000, if plaintiff could only make a valid title to tbat balf; tbat tbe title offered by plaintiff depends upon tbe clause in tbe will of D. W. Flow, executed in…
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Actiojst, beard on demurrer to complaint before Long, J., at Spring Term, 1918, of MecKLENbubg. On matter relevant to tbe question presented, tbe complaint alleged tbat defendant bad entered into a written contract to purchase of plaintiff a tract of land of 132 acres at tbe price of $4,000, or to buy one-balf at $2,000, if plaintiff could only make a valid title to tbat balf; tbat tbe title offered by plaintiff depends upon tbe clause in tbe will of D. W. Flow, executed in 1893, and facts relevant to tbe question as follows: “Second. To Margaret G. Kirkman, one tract of land known as tbe…
1Opinion of the CourtHoKE, J.
The question of title between these parties was presented to the Court on appeal in a former case, and it was held that, under the terms of the will and the relevant facts then existent, the estate held and title offered by Guy Kirkman was only a defeasible fee and the contract, therefore, which stipulated for a perfect title, could not be enforced. Kirkman v. Smith, 114 N. C., 603. This opinion having been certified down and judgment entered and the life tenant having in the meantime died, the parties again contracted and plaintiff instituted the present suit, contending that the death of…
2Cases cited13 opinions
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Harrell v. . HaganSupreme Court of North Carolina · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Goode v. . HearneSupreme Court of North Carolina · 1920
- House v. HouseSupreme Court of North Carolina · 1949
- Patterson v. . McCormickSupreme Court of North Carolina · 1919
- Springs v. . HopkinsSupreme Court of North Carolina · 1916
9 more not listed; retrieve them via the Exa API.