Maxwell v. Barringer
Supreme Court of North Carolina
Civil action, tried at August Term, 1891, of Mecklen-burg Superior Court, Hoke, J., presiding. On the 2d day of July, 1870, certain lands belonging to J. J. Maxwell were sold by the Sheriff of Mecklenburg County under execution, when the defendant was the last and highest bidder, at the sum of $2,775, to whom the Sheriff made deed, upon which the defendant made the following endorsement: “I, Rufus Barringer, hereby agree with F. H. Maxwell, that I hold the lands herein…
Read the full summary
Civil action, tried at August Term, 1891, of Mecklen-burg Superior Court, Hoke, J., presiding. On the 2d day of July, 1870, certain lands belonging to J. J. Maxwell were sold by the Sheriff of Mecklenburg County under execution, when the defendant was the last and highest bidder, at the sum of $2,775, to whom the Sheriff made deed, upon which the defendant made the following endorsement: “I, Rufus Barringer, hereby agree with F. H. Maxwell, that I hold the lands herein described for the joint benefit of myself and said -F. H. Maxwell, subject to the following terms and conditions, to-wit:…
1Opinion of the Court
Shepherd, J.:
The plaintiffs are suing as the heirs at law of IP. IT..Maxwell, and they pray that an account be stated, that certain land be sold, and that the proceeds be divided between them and the defendant according to their respective interests.
It is insisted by the defendant that the said F. H. Maxwell had no interest in the land that was descendible to the plaintiffs as his heirs at law, and that if he had such an interest it was converted into personalty by virtue of an alleged sale made by the defendant, and that he has fully accounted and *80settled with the administrator of said…
2Cases cited10 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re MeekerNew York Surrogate's Court · 1929
- Birckner v. TilchCourt of Appeals of Maryland · 1941
- Jones v. . GriggsSupreme Court of North Carolina · 1941
- Weltner v. ThurmondWyoming Supreme Court · 1908
- Johnson v. JohnsonSupreme Court of North Carolina · 1963
6 more not listed; retrieve them via the Exa API.