Lindsay v. . Anesley
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Washington County, at the Fall Term, 1845, his Honor Judge Manly presiding. This, was an action of debt for one thousand dollars, upon the following instrument, to-wit: “ Know all men by these presents that I, Asa Anesley, do contract and agree to and with Jonathan J. Lindsay, that I will execute to the said Jonathan J. Lindsay, his heirs or assigns, a deed of bargain and sale for a tract of. land, lying in Washington County,…
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Appeal from the Superior Court of Law of Washington County, at the Fall Term, 1845, his Honor Judge Manly presiding. This, was an action of debt for one thousand dollars, upon the following instrument, to-wit: “ Know all men by these presents that I, Asa Anesley, do contract and agree to and with Jonathan J. Lindsay, that I will execute to the said Jonathan J. Lindsay, his heirs or assigns, a deed of bargain and sale for a tract of. land, lying in Washington County, containing by estimation one hundred and sixty-five acres, more or less, it being a tract of land recently conveyed by me to…
1Opinion of the CourtDaniel, J.
The defendant was the owner of a tract of land, lying in the County of Washington, encumbered with a mortgage to one Myers for $851 ; he contracted, by the instrument of writing mentioned in the case, to sell it to th,e plaintiff for $950. And in the said deed, is this stipulation or condition : “ For the faithful performance of the covenant contained in this agreement, the parties to these presents, do bind themselves in the sum of one thousand dollars.” The defendant refused to convey, and the plaintiff brought this action of debt against him. And under the statute, he, in his declaration,…
2Cited by3 opinions
- Disosway v. Edwards.Supreme Court of North Carolina · 1904
- Wheedon v. American Bonding & Trust Co.Supreme Court of North Carolina · 1901
- Horn v. . PoindexterSupreme Court of North Carolina · 1918