Camp v. . Coxe
Supreme Court of North Carolina
This was a Scike Facias to revive a judgment, and the question arose on the pleas of payment and satisfaction. On the trial at Rutherford, on the last Spring Circuit, before his honour Judge Seawell, the evidence offered by the defendant was, that he had purchased of the plaintiff a tract of land, for eight hundred dollars, and paid him one half of the purchase money, and to secure the balance, had executed a bond and mortgage of the land purchased; that a suit had been…
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This was a Scike Facias to revive a judgment, and the question arose on the pleas of payment and satisfaction. On the trial at Rutherford, on the last Spring Circuit, before his honour Judge Seawell, the evidence offered by the defendant was, that he had purchased of the plaintiff a tract of land, for eight hundred dollars, and paid him one half of the purchase money, and to secure the balance, had executed a bond and mortgage of the land purchased; that a suit had been instituted by the plaintiff upon the bond, judgment obtained, and execution issued and levied upon the defendant’s equity of…
1Opinion of the Court
Ruffin, Chief Justice.
— The defendant raises in this case the same questions, which he did, as plaintiff, in the suit which was formerly here. Coxe v. Camp, 2 Dev. Rep. 502. As that case is thus brought to my notice, I avail myself of the occasion to correct an inaccuracy in the printed report, which gives to what I said quite a different meaning from that really expressed. I am made to “ regret” that there was no contract between the parties, and that, for that reason, the action could not be sustained: whereas, my words were, “ I agree” that there is no contract— speaking in reference to…
2Cited by8 opinions
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
- McPeters v. English.Supreme Court of North Carolina · 1906
- Schoffner v. . FoglemanSupreme Court of North Carolina · 1864
- McIlwinn v. . CarrawaySupreme Court of North Carolina · 1817
- Coxe v. . CampSupreme Court of North Carolina · 1830
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