Smathers v. . Gilmer
Supreme Court of North Carolina
Civil AotkíN for damages for shortage in acreage in tract of land bought by plaintiff, heard by Starbuclc, J., upon facts alleged and agreed on, jury trial waived, at Spring Term, 1899, of Haywood Superior Court. Judgment in favor of defendant. Appeal by plaintiff. The facts material to the decision are stated in the opinion.
1Opinion of the CourtFaircloth, C. J.
This is an action to recover damages against tbe defendant, trustee and administrator oí James R. Love, for shortage in acreage in the land described in the complaint, lying in the Avild lands of Haywood County, tried by the Court by consent, on facts admitted in the pleadings and facts agreed on and set out in the judgment — said tract being a part of a large body of land in Haywood and adjoining counties, owned by said James R. Love.
These are the facts material to a decision: In February,. 18J6, the executors of said Love contracted in writing to convey to R. V. Welch a boundary of land…
2Cases cited5 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Cox v. . CoxSupreme Court of North Carolina · 1884
- Den on Demise of Reddick v. LeggatSupreme Court of North Carolina · 1819
- Etheridge v. VernoySupreme Court of North Carolina · 1874
3Cited by17 opinions
- Brooks v. Ervin Construction CompanySupreme Court of North Carolina · 1960
- Leonard v. Southern Power Co.Supreme Court of North Carolina · 1911
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
- Galloway v. . GoolsbySupreme Court of North Carolina · 1918
- Stern v. BenbowSupreme Court of North Carolina · 1909
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