Den on Dem. of Gowing v. Rich
Supreme Court of North Carolina
This was an action of ejectment, tried at Davie Superior Court of Law at Fall Term, 1840, before his Honor Judge Pearson. Both parties claimed under one Sheeks. The defendant admitted himself in possession. The plaintiff offered in evide«ce a judgment in favor of one Alexander against one Chloe Oaks and others, an execution thereon and a sheriff’s Heed to himself, conveying all the interest of the said Chloe Oaks.
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This was an action of ejectment, tried at Davie Superior Court of Law at Fall Term, 1840, before his Honor Judge Pearson. Both parties claimed under one Sheeks. The defendant admitted himself in possession. The plaintiff offered in evide«ce a judgment in favor of one Alexander against one Chloe Oaks and others, an execution thereon and a sheriff’s Heed to himself, conveying all the interest of the said Chloe Oaks. The plaintiff then offered evidence to prove, that the said Chloe Oaks in the year 1836, while the suit of Alexander, which was for a debtot about $2500 was pending, had sold a…
1Opinion of the CourtRuffin, C. J.
In the instructions to the jury, the intentions of the parties and the true character of the transaction, upon which the deed was made to Hoskins, were fairly submitted to them. It must, therefore, be assumed, upon this verdict, that the contract of purchase was made by Oaks for her own benefit, that the sum paid, $700, was her money, and that she was to pay the residue of the purchase money, $550; and that she did not give her own note as a security therefor, but procured her daughter to give her note, with the understanding that Oaks should pay it; and that this was done with the view to…
2Cited by8 opinions
- Gorrell v. . AlspaughSupreme Court of North Carolina · 1897
- Sherrod v. . DixonSupreme Court of North Carolina · 1897
- Webb v. AtkinsonSupreme Court of North Carolina · 1899
- Webb v. . AtkinsonSupreme Court of North Carolina · 1899
- Monks v. DeslandesSupreme Court of Rhode Island · 1915
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