Brinkley v. Spruill
Supreme Court of North Carolina
Aotiow by Ellen Brinkley against N. W. Spruill and others, heard by Judge Walter TI. Neal and a jury, at October Term, 1901, of the Superior Court of Washington County. Plaintiff’s husband agreed to deed certain land to plaintiff if she would marry him, and after her promise to do so, but before marriage, conveyed the land, without consideration, to his children by a former wife; such conveyance being recorded before the marriage.
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Aotiow by Ellen Brinkley against N. W. Spruill and others, heard by Judge Walter TI. Neal and a jury, at October Term, 1901, of the Superior Court of Washington County. Plaintiff’s husband agreed to deed certain land to plaintiff if she would marry him, and after her promise to do so, but before marriage, conveyed the land, without consideration, to his children by a former wife; such conveyance being recorded before the marriage. Sixteen years thereafter he made another conveyance of the property to plaintiff, but prior to such conveyance one of the children had sold his undivided interest…
1Opinion of the CourtFurches, C. J.
This case Avas before the Court a year ago, and is reported as Brinkley v. Brinkley, 128 N. C., 503, and a full statement of the facts will be found there. But, in that case, the effect of an innocent purchaser for a full price and Avithout notice of the contract of the plaintiff Avith IV. II. Brinkley from one of the grantees of the said J. H. Brinkley Avas not considered. The deed the Court declared to be fraudulent and void as to the plaintiff was made to the five children of the said J. H. Brinkley, by a former marriage, and Avas without consideration. But it appears by the case iioav…
2Cases cited4 opinions
- Potts v. . BlackwellSupreme Court of North Carolina · 1857
- Brinkley v. Brinkley.Supreme Court of North Carolina · 1901
- Triplett v. WitherspoonSupreme Court of North Carolina · 1874
- Executors of Reel v. ReelSupreme Court of North Carolina · 1821
3Cited by1 opinion
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1874