Wilson v. . Vreeland
Supreme Court of North Carolina
ActioN, tried before Harding, J., on demurrer to tbe complaint, at October Term, 1918, of Meciclenbtjrg-. Tbe case shows tbat on 31 December, 1910, ~W. M. Long, at tbeir request and for tbeir accommodation, endorsed a joint note of Z. A. Dockery and bis wife, Emma J. Dockery, due and payable at tbe Charlotte National Bank twelve months after its date, and they executed a ■deed of trust to secure and save harmless tbe endorser on land belonging to tbe wife.
Read the full summary
ActioN, tried before Harding, J., on demurrer to tbe complaint, at October Term, 1918, of Meciclenbtjrg-. Tbe case shows tbat on 31 December, 1910, ~W. M. Long, at tbeir request and for tbeir accommodation, endorsed a joint note of Z. A. Dockery and bis wife, Emma J. Dockery, due and payable at tbe Charlotte National Bank twelve months after its date, and they executed a ■deed of trust to secure and save harmless tbe endorser on land belonging to tbe wife. Default having been made in tbe payment of tbe note, tbe trustee sold tbe land under tbe power contained in tbe deed, and Z. A. Dockery…
1Opinion of the Court
Walker, J.,
after stating tbe case: It appears in this case tbat tbe .plaintiff is suing for a breach of the covenant of warranty in tbe deed of tbe defendant to him without alleging'an ouster or eviction by title paramount, which is necessary. On the contrary, he alleges that he is in peaceful possession of the land, and there is nothing to show that his. possession has been disturbed. 11 Cyc., 1125, where it is said that to-constitute a breach of such, a covenant there must have been an eviction or equivalent disturbance by title paramount, and the title or right to. which the covenantee…
2Cases cited5 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Easton v. German-American BankSupreme Court of the United States · 1888
- Smith v. BlackSupreme Court of the United States · 1885
- Hinton v. . PritchardSupreme Court of North Carolina · 1897
- Britton v. . RuffinSupreme Court of North Carolina · 1897
3Cited by8 opinions
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- DIXIELAND REALTY COMPANY v. WysorSupreme Court of North Carolina · 1967
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- In Re Sale of Land of SharpeSupreme Court of North Carolina · 1949
3 more not listed; retrieve them via the Exa API.