Mizell v. Dennis Simmons Lumber Co.
Supreme Court of North Carolina
Civil actioN tried before Whedbee, J., at March .Term, 1917, of MaetiN. • A jury trial being waived, the court found tbe following facts: 1. That on 21 and 13 November and December, 1912, respectively, Jesse Mizell, the then owner of the land in controversy, and his wife, "Winnie Mizell, in consideration of one dollar each, as therein specified, for the paper-writings hereinafter referred to, executed and delivered to the defendant company two options, thereby giving to said…
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Civil actioN tried before Whedbee, J., at March .Term, 1917, of MaetiN. • A jury trial being waived, the court found tbe following facts: 1. That on 21 and 13 November and December, 1912, respectively, Jesse Mizell, the then owner of the land in controversy, and his wife, "Winnie Mizell, in consideration of one dollar each, as therein specified, for the paper-writings hereinafter referred to, executed and delivered to the defendant company two options, thereby giving to said company the right and privilege of purchasing, within the period of ninety days, •certain timbers and other easements…
1Opinion of the CourtBrown, J.
At common law, when a vendor of land contracted for a valuable consideration to sell it and entered into a bond to execute title and died before doing so, bis beirs at law, or bis devisee of tbe land, were tbe proper persons upon wbom tbe vendee must call for a conveyance. In a suit in equity to compel sucb conveyance, tbe beirs or devi-see were necessary parties.
To expedite and simplify the completion of sucb contracts, the following statute was enacted: “Tbat when any deceased person shall bave bona fide sold any lands and shall bave given a bond or other written contract to the purchaser…
2Cases cited10 opinions
- Waterman v. BanksSupreme Court of the United States · 1892
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Gustin v. Union School-DistrictMichigan Supreme Court · 1893
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
- Scott v. JordanSupreme Court of North Carolina · 1952
- Morton v. Pine Lumber Co.Supreme Court of North Carolina · 1919
- Carpenter v. . CarpenterSupreme Court of North Carolina · 1938
- Greenleaf Johnson Lumber Co. v. ValentineSupreme Court of North Carolina · 1920
5 more not listed; retrieve them via the Exa API.