Crawley v. . Timberlake
Supreme Court of North Carolina
This cause was removed to this court by consent of parties, from Caswell Court of Equity, atySpring Term, 1843. The facts stated in the plaintiff’s bill are as follows : In November 1835, the parties made a written contract, whereby the plaintiff agreed to sell to the defendant a tract of land containing 166 acres, and situate in Caswell connty, on which the plaintiff then resided, at the price of $1700, payable on the 25th of December, 1836, at which time the plaintiff was…
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This cause was removed to this court by consent of parties, from Caswell Court of Equity, atySpring Term, 1843. The facts stated in the plaintiff’s bill are as follows : In November 1835, the parties made a written contract, whereby the plaintiff agreed to sell to the defendant a tract of land containing 166 acres, and situate in Caswell connty, on which the plaintiff then resided, at the price of $1700, payable on the 25th of December, 1836, at which time the plaintiff was to give the defendant possession, and make him a good title. In December, 1836, the plaintiff let the defendant into…
1Opinion of the CourtRuffin, C. J.
The deed, which' the plaintiff executed, has not been exhibited by'either party, so that the court cannot declare how it operates, whether as a conveyance off the fee, or of an'estate for the life of the defendant. Supposing it to be the former, the court is of opinion, that the plaintiff would be entitled, without any further act on his part, to a decree for the balance of the purchase mohéy according to' the contract, and interest'from December 25th, 1836, subject to proper deductions for the repairs not made, and" fob the" waste committed, if any. As to the repairs, there is evi-…
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