Bunting v. . Jones
Supreme Court of North Carolina
Civil ActiON, tried at June Special Term, 1877, of Wake .'Superior Court, before Buxton, J. This action was brought to recover the purchase.money for a house and lot in the City of Raleigh, and the defend.ants objected to the judgment rendered for the plaintiff in •the Court below, for that, it was adjudged, that the title to -the same (which came to them in the manner set forth in ■the opinion of this Court) was notin the defendant, Jones, .and that the premises be sold to…
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Civil ActiON, tried at June Special Term, 1877, of Wake .'Superior Court, before Buxton, J. This action was brought to recover the purchase.money for a house and lot in the City of Raleigh, and the defend.ants objected to the judgment rendered for the plaintiff in •the Court below, for that, it was adjudged, that the title to -the same (which came to them in the manner set forth in ■the opinion of this Court) was notin the defendant, Jones, .and that the premises be sold to satisfy the debt; and insisted that the judgment should have been only for the recovery of the debt. And from said…
1Opinion of the CourtReads, J.
The plaintiff purchased and paid for the land in question and had the deed made to defendant, Henry C. ■Jones, under a yerbal agreement that the plaintiff was to hold the deed., and that concurrently with the taking the deed from the vendor to the defendant Henry C. Jones, he .and his wife were to execute a mortgage deed to the plaintiff, to secure the purchase money. The defendant Henry O. Jones did execute the mortgage deed and delivered it to ■the plaintiff, but his wife, the feme defendant refused, to Join ; and this action is brought to recover judgment for the purchase money, and to…
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