Wool v. Fleetwood.
Supreme Court of North Carolina
ActioN b,y Elizabeth A. Wool and others against J. J. Fleetwood, heard by Judge George H. Brown, at March Term, 1904, of the Superior Court of Peequimans County. This is a controversy submitted without action in which the plaintiffs seek specific performance of a contract with the defendant by which they undertook and agreed to sell and the defendant to buy one hundred and twenty-five acres of land known as the “Saunders tract.”
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ActioN b,y Elizabeth A. Wool and others against J. J. Fleetwood, heard by Judge George H. Brown, at March Term, 1904, of the Superior Court of Peequimans County. This is a controversy submitted without action in which the plaintiffs seek specific performance of a contract with the defendant by which they undertook and agreed to sell and the defendant to buy one hundred and twenty-five acres of land known as the “Saunders tract.” The land originally belonged to Jacob Wool, who devised it to the plaintiffs in the manner set forth in his will, the material items of which are as follows: 3. “I…
1Opinion of the Court
Walkee, J.,
after stating the facts. We do not see why the plaintiffs are not able by the deed which they have tendered to convey a good and indefeasible title to the defendant. The latter contends, as we understand, that the deed will not pass to him such a title for three reasons: (1) because by the fifth item of the will the widow and the heirs axe forbidden to sell or dispose of any of the real estate during the life of the former; (2) because by the terms of the sixth item no estate vested in the plaintiffs, Leonard and Elizabeth Wool, either by descent or purchase, until the expiration…
2Cases cited25 opinions
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
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- Rollins v. . KeelSupreme Court of North Carolina · 1894
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- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
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