Simmons v. . Spruill
Supreme Court of North Carolina
Cause removed from the Court of Equity of Tyrrell county. Benjamin A. Spruill, being seized in fee of a tract of land in Tyrrell county, sold the same to the plaintiff Samuel S. Simmons, and executed, in writing, the following receipt and undertaking, viz: i: Received of S. S. Simmons three thousand three hundred dollars, in full payment of the tract of land whereon I live, known as the William Wynn farm; and I bind myself and my heirs to make him a deed for the same when…
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Cause removed from the Court of Equity of Tyrrell county. Benjamin A. Spruill, being seized in fee of a tract of land in Tyrrell county, sold the same to the plaintiff Samuel S. Simmons, and executed, in writing, the following receipt and undertaking, viz: i: Received of S. S. Simmons three thousand three hundred dollars, in full payment of the tract of land whereon I live, known as the William Wynn farm; and I bind myself and my heirs to make him a deed for the same when called for.” Dated October 24,1853, and signed by the said B. A. Spruill. Simmons afterwards conveyed his interest in this…
1Opinion of the CourtNash, C. J.
The complainants are entitled to the relief they ask for. The case is before us upon the bill and answer, and is a simple one. S. S. Simmons purchased from Benjamin A. Spruill a tract of land whereon he lived, called the William'Wynn farm, for the sum of $3300, and the defendant executed at the same time a receipt in full for the purchase-money, and bound himself and his heirs “ to make him a deed for the same when called for.” The defendant denies that he is bound to make any deed to S. S. Simmons :
First. Because tbe instrument set forth in the bill, and which he admits is a correct copy, is…
2Cited by11 opinions
- Brooks v. HackneySupreme Court of North Carolina · 1991
- Lane v. CoeSupreme Court of North Carolina · 1964
- Ray v. WoosterSupreme Court of Missouri · 1954
- Lewis v. . MurraySupreme Court of North Carolina · 1919
- Norton v. . SmithSupreme Court of North Carolina · 1920
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