Allen v. . Chambers
Supreme Court of North Carolina
Cause removed from the Court of Equity of Person County, at the Fall Term, 1845, by consent of the parties. The bill was filed in 1844, and states, that, in 1840, the defendant made a parol contract to sell to the, plaintiff “ a certain parcel of land in the County of Person, to contain by contract 200 acres, at $2 per acre” ; that, some time in the same year, the plaintiff and defendant partly performed the said parol agreement, by the payment to the defendant by the…
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Cause removed from the Court of Equity of Person County, at the Fall Term, 1845, by consent of the parties. The bill was filed in 1844, and states, that, in 1840, the defendant made a parol contract to sell to the, plaintiff “ a certain parcel of land in the County of Person, to contain by contract 200 acres, at $2 per acre” ; that, some time in the same year, the plaintiff and defendant partly performed the said parol agreement, by the payment to the defendant by the plaintiff of the sum of $240, for which the defendant gave receipt in the following words: “ Received of Mr. Drury Allen, two…
1Opinion of the CourtRuffin, C. J.
The plaintiff could get no decree on his bill, as at present framed, if it were admitted by a demurrer or in an answer ; for it contains no description of the land, of which he seeks the conveyance, from which the Court could decree an immediate conveyance of any land in particular, or could ascertain the land by ordering a survey. In the beginning of the bill it states the land to be “ a certain parcel of land lying in Person, to contain 200 acres.” It then sets out the defendant’s receipt for $240, as paid in part “ for a certain tract of land lying on Flat river, including Taylor Hicks’…
2Cited by12 opinions
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
- Perry v. . ScottSupreme Court of North Carolina · 1891
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- Gilbert v. . WrightSupreme Court of North Carolina · 1928
- Lowe v. . HarrisSupreme Court of North Carolina · 1893
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