Barnes v. McCullers
Supreme Court of North Carolina
Civil action, tried at February Term, 1890, of Johnston Superior Court, Mac Rae, J., presiding. The feme plaintiff alleges, in substance, that on the 28th of September, 1875, the defendant contracted with her son, Nathan L. Barnes (who, in the course of the action, became her co-plaintiff), to sell to him the tract of land described in the complaint for the price of $6,211.37; that, to secure the payment of this purchase-money, he took from her said son eight several notes,…
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Civil action, tried at February Term, 1890, of Johnston Superior Court, Mac Rae, J., presiding. The feme plaintiff alleges, in substance, that on the 28th of September, 1875, the defendant contracted with her son, Nathan L. Barnes (who, in the course of the action, became her co-plaintiff), to sell to him the tract of land described in the complaint for the price of $6,211.37; that, to secure the payment of this purchase-money, he took from her said son eight several notes, each of seven of them for $800, and the eighth'of them for $911.37, one of them going due on the first day of each…
1Opinion of the Court
Merrimoist, 0. J.:
The contract of sale of the land in question between the son of the feme plaintiff and the defendant, as embodied in the bond for title and the notes for the purchase-money, had the effect to put the equitable title to the land in the son. The defendant retained the legal title as security for the purchase-money, and in trust for the son, the vendee, to be conveyed to him when and as soon as the purchase-money should be paid. Winborn v. Gorrell, 3 Ired. Eq., 117; Deer v. Bellinger, 75 N. C., 300; Hinsdale v. Thornton, id., 381; Bank v. Clapp, 76 N. C., 48.
Granting, as…
2Cases cited5 opinions
- Ross v. . HendersonSupreme Court of North Carolina · 1877
- Derr v. . DellingerSupreme Court of North Carolina · 1876
- Staton v. DavenportSupreme Court of North Carolina · 1886
- Libbett v. . MaultsbySupreme Court of North Carolina · 1874
- West v. . WestSupreme Court of North Carolina · 1877
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