Haywood v. . Daves
Supreme Court of North Carolina
CONTROVERSY submitted without action under the Code, § 315, and heard at January Special Term, 1879, of Wake Superior Court, before Seymour, J. The plaintiff as executrix of Jane F. Haywood, seeks to recover of defendant the sum of $304.61 with interest, and the facts upon which the claim is based are as follows: 1. The defendant and the plaintiff’s testatrix were tenants in common in fee.simple of a parcel of land in the city of New York, the defendant being entitled to…
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CONTROVERSY submitted without action under the Code, § 315, and heard at January Special Term, 1879, of Wake Superior Court, before Seymour, J. The plaintiff as executrix of Jane F. Haywood, seeks to recover of defendant the sum of $304.61 with interest, and the facts upon which the claim is based are as follows: 1. The defendant and the plaintiff’s testatrix were tenants in common in fee.simple of a parcel of land in the city of New York, the defendant being entitled to four-ninths, and the said testatrix to .five-ninths. On the 5th of May, 1873, Jane P. Haywood made her last will and…
1Opinion of the Court
Díllákd, J.
The contract of sal© made with Mrs. Boyd was an obligation bn the tenants in common, each to convey her individual share or interest in the land at the time appointed for payment of the purchase money; and the testatrix of the plaintiff and the defendant having both signed by agent a written memorandum of the contract, they were jointly bound- for title to the vendee, one as much as the other, but inter se,. each was bound as a principal to convey ber own undivided share, and each was secondarily-bound -asa surety for the performance of the other.
Mrs. Daves, as it appears from the…
2Cited by1 opinion
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