Smith v. . Fort
Supreme Court of North Carolina
Civil actios, tried at Spring Term, 1889, of Wayne Superior Court, Whitaker, J., presiding. In his life-time, John Coley, now deceased, contracted, in writing, to sell and convey to Thomas R. Smith, likewise now deceased, for a stipulated price, the tract of land specified in the complaint. The said Smith died, leaving a last will and testament, which was duly proven, and the plaintiff W. F. Gardener qualified as executor thereof.
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Civil actios, tried at Spring Term, 1889, of Wayne Superior Court, Whitaker, J., presiding. In his life-time, John Coley, now deceased, contracted, in writing, to sell and convey to Thomas R. Smith, likewise now deceased, for a stipulated price, the tract of land specified in the complaint. The said Smith died, leaving a last will and testament, which was duly proven, and the plaintiff W. F. Gardener qualified as executor thereof. The said Coley also died intestate, and the defendant W. B. Fort was duly appointed administrator of his estate. The contract of sale above mentioned was not…
1Opinion of the CourtMekrimoN, C. J.
after stating the facts: The Court below held properly that the judgment rendered in the action at' the Fall Term, 1877, of the Court was final. It not only purported to be such a judgment, but it was such in its nature and effect. The Court had jurisdiction of the parties to, and the subject-matter of, the action, and in the orderly course of procedure disposed of and put an end to the whole matter embraced by the litigation.
The counsel for the appellants insisted, on the argument, that the purchase-money of the land was not paid before the commissioner executed his deed to the purchaser, as…
2Cases cited9 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Peterson v. . VannSupreme Court of North Carolina · 1880
- England v. . GarnerSupreme Court of North Carolina · 1881
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3Cited by15 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Chapman v. Guaranty State BankTexas Commission of Appeals · 1924
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Deaver v. . JonesSupreme Court of North Carolina · 1894
- Deaver v. JonesSupreme Court of North Carolina · 1894
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