Miller v. . Scott
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at September Term, 1922, of Ieedell. Civil action, heard on case agreed. The action is to recover the purchase price of a lot situate in said county, which plaintiff, devisee under the will of D. A. Miller, has contracted to sell to defendant at the price of $600. Defendant, admitting the contract, resists payment on the ground that plaintiff could not convey a good title.
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Appeal by plaintiff from Long, J., at September Term, 1922, of Ieedell. Civil action, heard on case agreed. The action is to recover the purchase price of a lot situate in said county, which plaintiff, devisee under the will of D. A. Miller, has contracted to sell to defendant at the price of $600. Defendant, admitting the contract, resists payment on the ground that plaintiff could not convey a good title. There ivas judgment for plaintiff, and defendant excepted and appealed.
1Opinion of the CourtHoee, J.
Tbe title offered is dependent on tbe proper construction of tbe last will and testament of D. A. Miller, deceased, and tbe terms of tbe will and tbe facts considered pertinent are set forth in tbe case agreed as follows:
“1. That on 11 November, 1913, D. A. Miller of Iredell County, North Carolina, died leaving a last will and testament, which was duly probated and is recorded in tbe office of tbe clerk of tbe Superior Court of Iredell County in Will Book No. 7, page 506, a copy of which will is as follows:
“ Tn tbe name of God, Amen.
“ ‘Knowing full well tbe shortness of life and tbe certainty…
2Cases cited1 opinion
- Herring v. WilliamsSupreme Court of North Carolina · 1911
3Cited by6 opinions
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Lee v. BarefootSupreme Court of North Carolina · 1928
- Lee v. . BarefootSupreme Court of North Carolina · 1928
- Miller v. . ScottSupreme Court of North Carolina · 1923
- Cagle v. . HamptonSupreme Court of North Carolina · 1929
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