Capps v. . Holt
Supreme Court of North Carolina
Cause removed from the Court of Equity of Johnston county. The bill alleges, that some time in the year 1852, the defendant contracted with the plaintiff to convey to him a small tract of land, in the county of Johnston, containing one hundred and fifty acres, for in consideration of the sum of $450,00; that no memorandum of the contract was made at'the time ; that by the terms of this agreement, the plaintiff was to pay the purchase-money in such instalments, and at such…
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Cause removed from the Court of Equity of Johnston county. The bill alleges, that some time in the year 1852, the defendant contracted with the plaintiff to convey to him a small tract of land, in the county of Johnston, containing one hundred and fifty acres, for in consideration of the sum of $450,00; that no memorandum of the contract was made at'the time ; that by the terms of this agreement, the plaintiff was to pay the purchase-money in such instalments, and at such times as should be most convenient; that defendant was to retain the title until all the money was paid ; that in…
1Opinion of the Court
MáNly, J.
A specific execution of the alleged contract cannot be decreed. The receipt of the 21st of August, 1852, .is not sufficient as a note or memorandum in writing of the contract to fulfill the requirement of tbe statute, (Revised Code, ch. 50, sec. 11)., The land is described to be “ a tract of one hundred and fifty acres, lying on Watery branch, in Johnston county.”
The position thus given, is not definite enough, and no decree for conveyance could be based upon it. From the frame of the receipt, it is not clear that it contains the whole, or was intended as a memorandum of the…
2Cited by10 opinions
- North Carolina Self Help Corp. v. BrinkleySupreme Court of North Carolina · 1939
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
- Gilbert v. . WrightSupreme Court of North Carolina · 1928
- Cathey v. Buchanan Lumber Co.Supreme Court of North Carolina · 1909
- Phillips v. . HookerSupreme Court of North Carolina · 1867
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