Bell v. Keesler
Supreme Court of North Carolina
Civil actioN, beard on demurrer before Long, J., at Spring Term, 1918, of MeckleNbueg. The action was to collect the purchase price of a tract of land bought by defendant at trustee’s sale and payment of purchase money being refused by reason of the fact that plaintiff could not make a valid title and on further facts set forth in the answer. Plaintiff having demurred, there was judgment sustaining demurrer, and defendant excepted and .appealed.
1Opinion of the CourtHoke, J.
Plaintiff Bell, holding the land under a deed of trust to secure $1,770, conveying to him the title of Marie Anna Glover, sold *527said land pursuant to the terms of the deed, when defendant became the last and highest bidder at the price of $4,875. Said plaintiff having prepared and tendered a deed, payment of purchase money was refused on the ground that plaintiff could not make a good title to the land according to the terms of the contract.
On present action, instituted to recover purchase money, defendant, admitting that plaintiff had sold pursuant to the terms of the deed, and that the title…
2Cases cited9 opinions
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Harrell v. . HaganSupreme Court of North Carolina · 1908
- Sain v. Baker.Supreme Court of North Carolina · 1901
- Dawson v. . EnnettSupreme Court of North Carolina · 1909
- Ham v. . HamSupreme Court of North Carolina · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Westfeldt v. . ReynoldsSupreme Court of North Carolina · 1926