Johnson v. . Hauser
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 1882, of Yadkin Superior Court, before Avery, J. The land mentioned in the complaint and demanded in the action belonged to one R. C. Poindexter, who in the year 1876 executed a deed therefor to J. H. Jenkins and Abram Hauser, and they in the month of August, 1878, conveyed the same to the feme plaintiff.
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EJECTMENT tried at Spring Term, 1882, of Yadkin Superior Court, before Avery, J. The land mentioned in the complaint and demanded in the action belonged to one R. C. Poindexter, who in the year 1876 executed a deed therefor to J. H. Jenkins and Abram Hauser, and they in the month of August, 1878, conveyed the same to the feme plaintiff. In answer to the complaint and as a counterclaim, the defendant alleges that in 1872, Poindexter entered into an agreement to sell the land to him for the sum of three hundred dollars, and to make title whén the purchase money was paid; that under this…
1Opinion of the Court
Smith, C. J.,
after stating the case. The validity of the trust under the agreement stated in the answer, and attaching to the estate conveyed to Jenkins and Hauser, independently of the parol contract of purchase from Poindexter, does not appear to have been contested, and if it had been, it finds support in the ruling in Mulholland v. York, 82 N. C., 510, and the cases therein cited. Assuming the legal sufficiency of the defendant’s equity and right to have a conveyance to him, on his reimbursing the amount advanced by Jenkins and Hauser, as against them, the inquiry is as to the notice…
2Cases cited4 opinions
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- Tankard v. . TankardSupreme Court of North Carolina · 1881
- Bost v. . SetzerSupreme Court of North Carolina · 1882
3Cited by14 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Smith v. . FullerSupreme Court of North Carolina · 1910
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