Abernathy v. . Seagle
Supreme Court of North Carolina
Civil action, tried before McRae, Judge, at Fall Term, 1887, of the Superior Court of Catawba county. The allegations of the complaint, as amended, summárily expressed, are: 1. The land in dispute belonged to one Jacob Jarrett, who contracted with Joseph Seagle to sell the same to 'him, and gave bond to make title on payment of the purchase money, and the vendee did pay most of what was due. 2. The plaintiff afterwards recovered judgment against Seagle before a justice of…
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Civil action, tried before McRae, Judge, at Fall Term, 1887, of the Superior Court of Catawba county. The allegations of the complaint, as amended, summárily expressed, are: 1. The land in dispute belonged to one Jacob Jarrett, who contracted with Joseph Seagle to sell the same to 'him, and gave bond to make title on payment of the purchase money, and the vendee did pay most of what was due. 2. The plaintiff afterwards recovered judgment against Seagle before a justice of the peace, which was docketed in the Superior Court, and at a sale under execution issuing thereon, bought the land at the…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The only exception presented is to the instruction given to the jury, that there was no evidence of the execution of any deed from Jacob Jarrett to Margaret Seagle for this land, and that their response to the fourth issue should be “No.”
There certainly was none offered to sustain it in its present form, and while the title did reach her in the circuitous manner stated, it did not, as alleged in the complaint and as embodied in the issue, and no amendment was asked to adapt the issue to the facts in proof, and thus avoid a variance, as perhaps would have…
2Cases cited2 opinions
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- McKee, Sheriff v. . LinebergerSupreme Court of North Carolina · 1873
3Cited by6 opinions
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
- Bullard v. Pilot Fire InsuranceSupreme Court of North Carolina · 1925
- Locklear v. Bullard.Supreme Court of North Carolina · 1903
- Hunt v. . VanderbiltSupreme Court of North Carolina · 1894
- Smith v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1895
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