Fleming v. . Strohecker
Supreme Court of North Carolina
This was a civil action tried before Norwood, Judge, and a jury, at August Term, 1895, of Iredell Superior Court. The plaintiffs brought an action of ejectment to recover possession of a certain tract of land. The defendant, G. W. Kerr, in his answer set up a parol trust in the ancestor of plaintiffs, alleging that previous to the sale of the land in question in 1871 by C. L. Summers, commissioner, Robert White, the ancestor of plaintiffs, agreed with him, the said Geo.
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This was a civil action tried before Norwood, Judge, and a jury, at August Term, 1895, of Iredell Superior Court. The plaintiffs brought an action of ejectment to recover possession of a certain tract of land. The defendant, G. W. Kerr, in his answer set up a parol trust in the ancestor of plaintiffs, alleging that previous to the sale of the land in question in 1871 by C. L. Summers, commissioner, Robert White, the ancestor of plaintiffs, agreed with him, the said Geo. W. Kerr, that he would attend said sale and purchase said land for said Kerr, and that he would convey the same to Kerr…
1Opinion of the Court
Montgomery, J.:
G. "W. Kerr, now deceased, formerly a defendant in this action, agreed in writing with one Thomas to purchase the tract of land which is the subject of this action. Kerr, failing to comply with his agreement, the executor of Thomas and his heirs-at-law commenced proceedings against him in the Superior Court of Iredell county at its Pall term, 1870, to have the land sold for the payment of the purchase money due under the agreement. Judgment was bad against the defendant, G. W. Kerr, for the amount due, to be paid on a day certain, and upon failure of payment the land to be sold…
2Cases cited3 opinions
- Williams v. . ClouseSupreme Court of North Carolina · 1884
- Johnson v. . PateSupreme Court of North Carolina · 1884
- Jones v. . CoffeySupreme Court of North Carolina · 1887