Batchelor v. . MacOn
Supreme Court of North Carolina
Civil action, tried before Clarke, J., at Spring Terna, 1871 of tbe Superior Court of Halifax. The record shows that an action was commenced by the plaintiff against the defendant on the 31st day of March, 1871. At Spring Term, 1871, this entry is made on the appearance docket: “ Case for Supreme Court, whereupon the plaintiff' executes his appeal bond, &c., which is accepted, and is herewith sent up, &c.”
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Civil action, tried before Clarke, J., at Spring Terna, 1871 of tbe Superior Court of Halifax. The record shows that an action was commenced by the plaintiff against the defendant on the 31st day of March, 1871. At Spring Term, 1871, this entry is made on the appearance docket: “ Case for Supreme Court, whereupon the plaintiff' executes his appeal bond, &c., which is accepted, and is herewith sent up, &c.” The following statement, as a case agreed, is filed with the transcript, viz: This was an action for the recovery of two notes, given by the defendants to the plaintiff, for the sum of…
1Opinion of the CourtPearson, C. J.
A purchaser is never -compelled -to pay up the purchase money and to aecept a -doubtful title ; he is not required to do so, although the iullest indemnity by way of general warranty be tendered.
Upon the opening of the argument it seemed dear that, on the case agreed, the questions growing out-of i.he construction of Mrs. Paulcon’s will were worthy of serious consideration, and that the validity oí the title, which the plaintiff offers to make to the defendant, based upon the «¡vumption that his intestate was seized of an absolute fee simple estate, is a question that cannot be considered as…
2Cited by4 opinions
- Castlebury v. . MaynardSupreme Court of North Carolina · 1886
- Elkins v. . SeiglerSupreme Court of North Carolina · 1911
- Miller v. . FeezorSupreme Court of North Carolina · 1880
- Woodbury v. . KingSupreme Court of North Carolina · 1910