Brown v. Hobbs
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at August Term, 1910, of DupliN. Tbis is a motion by defendant, under section 579. of tbe Ee-visal, to enter satisfaction of a judgment rendered in favor of tbe plaintiff at August Term, 1901, of tbe Superior Court of Duplin County.
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Appeal by defendant from Whedbee, J., at August Term, 1910, of DupliN. Tbis is a motion by defendant, under section 579. of tbe Ee-visal, to enter satisfaction of a judgment rendered in favor of tbe plaintiff at August Term, 1901, of tbe Superior Court of Duplin County. Tbe defendant offered affidavits to prove tbat on 13 April, 1908, be sold to tbe plaintiff a lot in Warsaw, at tbe price of $1,600, on condition tbat said judgment should be satisfied as a part of tbe purchase price; tbat be bad tendered a deed to tbe plaintiff pursuant to tbe contract of sale, which tbe plaintiff refused to…
1ConcurrenceWalker, J.
I assent to the affirmance of the judgment in this case, for the reasons stated in the opinion of the Court, one of which reasons is that the contract for the sale of the land is not enforcible against the plaintiff, who is protected by the statute of frauds. He denies the contract as set out by the defendant, and the statute, therefore, is sufficiently pleaded (Bonham v. Craig, 80 N. C., 224) ; but, in addition to the denial, he specially pleads the statute. If the plaintiff had executed to the defendant a deed for the land, and all of the judgments against the defendant had been paid,…
2Cases cited32 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
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