Lance v. . Hunter
Supreme Court of North Carolina
Civil action to recover a tract of land, tried by consent, by Henry, J., at Chambers in Brunswick county, as of Spring-Term, 1874. The case had been referred to J. G. Martin, Esq., an attorney of the Court, to whose report the defendant excepted. Upon the hearing, the exceptions were overruled by his Honor and judgment rendered for the plaintiff, from which judgment the defendant appealed. The material facts are stated in the opinion of the Court.
1Opinion of the CourtBynum, J.
The facts of the case are : that Joseph Lance, one of the plaintiffs, in 1803, contracted to sell the land in controversy to J. H. Hunter, the father of the defendant, and gave him a bond to make title, upon consideration that he would enter the military service of the Confederate States, and serve out the term of the war as a substitute for his son. That Hunter did enter the Confederate army as a soldier; served daring the war, and in all things performed his part of the contract. That he has since died, leaving the defendant as his assignee of the contract and also one of his heirs at-law,…
2Cases cited2 opinions
- Smitherman v. . SandersSupreme Court of North Carolina · 1870
- Logan v. PlummerSupreme Court of North Carolina · 1874
3Cited by3 opinions
- Brickell v. Commissioners of HalifaxSupreme Court of North Carolina · 1879
- Leak v. . CommissionersSupreme Court of North Carolina · 1870
- Logan v. . PlummerSupreme Court of North Carolina · 1874