Sherrill v. . Sherrill .
Supreme Court of North Carolina
Ciyxl aotioN, tried before Mitehell, J., at Spring Term, 1875, Catawba Superior Court. The-action was brought for the purpose of cancelling a deed, .and also to restrain the defendant from bringing suit to recover the tract of land in controversy. The facts in the ease are as follows: In 1852 ,one Nelson Sherrill conveyed in fee to Nobert Sherrill, the ancestor of the defendants, a tract of land in the •county of Catawba, containing about sixty-two acres.
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Ciyxl aotioN, tried before Mitehell, J., at Spring Term, 1875, Catawba Superior Court. The-action was brought for the purpose of cancelling a deed, .and also to restrain the defendant from bringing suit to recover the tract of land in controversy. The facts in the ease are as follows: In 1852 ,one Nelson Sherrill conveyed in fee to Nobert Sherrill, the ancestor of the defendants, a tract of land in the •county of Catawba, containing about sixty-two acres. In 1857, Nelson Sherrill conveyed the same land, except nineteen acres, to Elbert Sherrill, the plaintiff, by deed, in fee with warranty.…
1Opinion of the Court
ByNüM, J.
In 1852, Nelson Sherrill sold and conveyed a tract of land to Robert Sherrill, under whom the defendants claim. The subsecpent facts of the case, as disclosed by the pleadings and the findings of the jury,'.upon issues submitted to them-, are these: Robert Sherrill bemg unable to pay more of the purchase money than amounted to nineteen acres of the land, it was agreed by parol between Nelson, Robert and Elbert Sherrill, that Robert should retain the 19 acres paid for, and that NeEon, who was entitled 'to the residue of the purchase money, might sell and convey the remainder of the…
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