Suit v. . Suit
Supreme Court of North Carolina
Civil Action, tried at Fall Term, 1877, of G-ranville: Superior Court, before McKoy, This action was brought to recover the sum of $550 and interest alleged to be due by bond, and as the purchase' money of a certain tract of land, of which it was alleged that the plaintiff was equitable owner in fee. The defendant denied that he bought the land of the plaintiff, but-admitted that the legal title to the same as set forth in the complaint was vested in M. II.
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Civil Action, tried at Fall Term, 1877, of G-ranville: Superior Court, before McKoy, This action was brought to recover the sum of $550 and interest alleged to be due by bond, and as the purchase' money of a certain tract of land, of which it was alleged that the plaintiff was equitable owner in fee. The defendant denied that he bought the land of the plaintiff, but-admitted that the legal title to the same as set forth in the complaint was vested in M. II. Suit, who conveyed it to the defendant, and alleged that the plaintiff was due him certain sums of^money which vrere set up by items as a…
1Opinion of the CourtReade, J.
1. The defendant’s first exception, that the; Referee has not found the facts with sufficient distinctness and certainty, is itself so much at fault in that very particular, that for that reason, as well as for the further reason that it is not true in fact, we cannot sanction it.
2. And the same is true of the second exception.
3. The third exception to the report, because it finds that the plaintiff’s claim is for the purchase money of the land in controversy, and therefore that the defendant is not entitled to a homestead therein, as against the purchase money, is not sustained.
4. The fourth…
2Cited by10 opinions
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- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- Currie v. . McNeillSupreme Court of North Carolina · 1880
- Tilley v. . BivensSupreme Court of North Carolina · 1892
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