Hinton v. . Pritchard
Supreme Court of North Carolina
This was a civil actioN, tried at the Spring Term, 1890, of HERTFORD Superior Court, by Whitalcer, J. It is alleged in the complaint that the plaintiff is the owner in fee and entitled to the possession of the land (herein specified; that the defendant is unlawfully in, and so withholds, the possession thereof from the plaintiff', and he demands judgment for possession thereof, for rents, &c.
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This was a civil actioN, tried at the Spring Term, 1890, of HERTFORD Superior Court, by Whitalcer, J. It is alleged in the complaint that the plaintiff is the owner in fee and entitled to the possession of the land (herein specified; that the defendant is unlawfully in, and so withholds, the possession thereof from the plaintiff', and he demands judgment for possession thereof, for rents, &c. The answer denies such allegations, and alleges, for defence, that at a sale of the land at the time and place specified, the defendant bought the same for the price of $4,300, and of this sum at once…
1Opinion of the CourtMerrimon, C. J.
after stating the facts: The defendant had purchased the land in controversy and paid a large part of the purchase-money, but did not get the title for it. Afterwards judgment was obtained against him for the balance of the purchase-money, and the land was sold to satisfy that judgment, and, at the sale thereof, the plaintiff purchased and took the title therefor. The defendant, however, alleges that the plaintiff, at the time of, and before, the sale, agreed, by parol, to aid him by purchasing the land for him, and taking the title to it to himself, and holding, it in trust for the…
2Cases cited5 opinions
- Smiley v. . PearceSupreme Court of North Carolina · 1887
- Leggett v. . LeggettSupreme Court of North Carolina · 1883
- McNair v. PopeSupreme Court of North Carolina · 1888
- Williams v. . HodgesSupreme Court of North Carolina · 1886
- Currie v. . ClarkSupreme Court of North Carolina · 1888
3Cited by9 opinions
- Mims v. MimsSupreme Court of North Carolina · 1982
- Chambers v. EmeryUtah Supreme Court · 1896
- Cunningham v. . LongSupreme Court of North Carolina · 1923
- McCorkle v. . BeattySupreme Court of North Carolina · 1945
- Southern Railway Co. v. LeinartTennessee Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.