Alston v. . Savage
Supreme Court of North Carolina
Appeal by plaintiffs from Bond, J., at August Term, 1916, of Fraisk-LIN. Tbis is an action by tbe heirs at law and the administrator of Ellis Alston under a contract to convey a certain tract of land dated 1 April, 1909, at the price of $1,250, of which $190 was paid in cash.
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Appeal by plaintiffs from Bond, J., at August Term, 1916, of Fraisk-LIN. Tbis is an action by tbe heirs at law and the administrator of Ellis Alston under a contract to convey a certain tract of land dated 1 April, 1909, at the price of $1,250, of which $190 was paid in cash. The contract was in writing and signed by John A. Savage and by him for “son John, Jr.” The codefendant Brown claims under a contract to convey, 5 December, 1912, signed by John A. Savage and a deed in usual form by John A. Savage, Jr. The title to the land was in John A. Savage, Sr., for life, with remainder to John A.…
1Opinion of the CourtClark, C. J.
As to the first seven exceptions to the admission in evidence of the contract of Savage to Brown of 5 December, 1912, they cannot be sustained.
■ It is conceded that the plaintiffs are entitled to the life interest of John A. Savage, Sr., unless the defendant Brown acquired that interest through the agreement made between Savage, Sr., and Brown of 5 December, 1912, recorded 18 December, 1912. The agreement of John A. Savage, Sr., to Ellis Alston was registered two days later, 20 December, 1912.
The plaintiffs contend, however, that the contract between Savage, Sr., and Brown to give a warranty…
2Cases cited6 opinions
- Phillips v. . HookerSupreme Court of North Carolina · 1867
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Patton v. . SluderSupreme Court of North Carolina · 1914
- Bachelor v. . NorrisSupreme Court of North Carolina · 1914
- Fulcher v. . FulcherSupreme Court of North Carolina · 1898
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3Cited by2 opinions
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