Draper v. . Allen
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1898, of NORTHAMPTON Superior Court, before Hoke, J. It is alleged in the complaint that the plaintiff conveyed to the defendant and wife a certain tract of land by deed in fee-simple upon which defendants reside, and that at the time of the execution of the deed the defendants paid $600 cash and gave their joint notes for the balance, $300, the subject of the action; that defendants are in possession of the land, having executed a…
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Civil action, tried at Spring Term, 1898, of NORTHAMPTON Superior Court, before Hoke, J. It is alleged in the complaint that the plaintiff conveyed to the defendant and wife a certain tract of land by deed in fee-simple upon which defendants reside, and that at the time of the execution of the deed the defendants paid $600 cash and gave their joint notes for the balance, $300, the subject of the action; that defendants are in possession of the land, having executed a mortgage thereon to a third party to secure a note for the $600 borrowed by them to make the cash payment. The plaintiff…
1Opinion of the Court
Shepherd, C. .J.:
The only question presented in this appeal is whether the interest of the feme defendant in the land mentioned in the complaint can be subjected to the payment of the purchase-money. It is hardly necessary at this late day to cite the authorities which deny the existence in this State of the equitable lien of the vendor for the purchase-money. These will be found collected in the opinion in Peck v. Culberson, 304 N. C., 425, which case also decides that no change was made in this respect by the constitutional provision that no property shall be exempt from sale under…
2Cases cited11 opinions
- State v. WilliamsSupreme Court of North Carolina · 1981
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Walker v. . BrooksSupreme Court of North Carolina · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Millsaps v. EstesSupreme Court of North Carolina · 1905
- McCaskill v. . McKinnonSupreme Court of North Carolina · 1897
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
1 more not listed; retrieve them via the Exa API.