Abernathy v. . Stowe
Supreme Court of North Carolina
CiviXi ACTION tried before MacRae, Judge, at Spring Term, 1884, of GastoN Superior Court. The plaintiff brought this action to recover the sum of money mentioned in the bond sued upon, of which the following is a copy: “$588.70. For value received, I promise to pay G. 'W. Abernathy five hundred and thirty-eight dollars and seventy cents, to be paid when he removes from the property which he has sold me, and for a part of the purchase money of which this note is given, all…
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CiviXi ACTION tried before MacRae, Judge, at Spring Term, 1884, of GastoN Superior Court. The plaintiff brought this action to recover the sum of money mentioned in the bond sued upon, of which the following is a copy: “$588.70. For value received, I promise to pay G. 'W. Abernathy five hundred and thirty-eight dollars and seventy cents, to be paid when he removes from the property which he has sold me, and for a part of the purchase money of which this note is given, all claims, trespasses, or incumbrances whatsoever, and when he gives me full possession to said property, with all the…
1Opinion of the Court
Mérrimos, J.
(after stating the facts). "We think that the intimation of the Court-, that “under the facts as proved there were incumbrances existing on the property and the plaintiff could not recover,” was not wai’ranted by any proper view of the evidence produced on the trial.
The plaintiff introduced evidence that went directly to prove a good and perfect title, prima facie, in him to the laud mentioned and referred to in the bond sued upon, and, giving this bond a proper interpretation, nothing appeared to the contrary. The plaintiff sold the land to the defendant in the spring of 1879,…
2Cited by14 opinions
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- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Collins v. . SwansonSupreme Court of North Carolina · 1897
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