Lytle v. . Bird
Supreme Court of North Carolina
Tins was an action on the case for a deceit in the sale of a tract of land, tried before his Honor, Judge Person, at the Fall Term, 1854, of McDowell Superior Court.
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Tins was an action on the case for a deceit in the sale of a tract of land, tried before his Honor, Judge Person, at the Fall Term, 1854, of McDowell Superior Court. By a deed, dated 3rd of November, 1852, the defendant conveyed to the plaintiff, in consideration of $800, a tract of land in the County of McDowell, on Crooked creek, thus described: viz, “bounded as follows, W. D. Reed on the North and East, A. J. Bird on the East, and William Maffet on the West, and the ‘Speculation line’ on the South; beginning at a beach on the South, bank of the creek, and runs North, &c.,” calling for…
1Opinion of the CourtNash, C. J.
The case presents the question, whether an action of deceit can be brought for a fraud perpetrated by a vendor, in showing to the vendee, what he knew was not his, as being his, in order to induce him to make the purchase. The plaintiff alleges, that when he made the contract with the defendant, he showed him land that did not belong to him, and asserted to him, that his land extended up to a line which is called the “ speculation line that when the conveyance was made, he renewed the assurance. The conveyance was made by metes and bounds which did not extend to that line, and there were one…
Also in this document: Per curiam.
2Cited by11 opinions
- May v. . LoomisSupreme Court of North Carolina · 1905
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Post v. LibertyMontana Supreme Court · 1912
- Thomas v. Cooksey.Supreme Court of North Carolina · 1902
- Currie v. MalloySupreme Court of North Carolina · 1923
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