Cunningham v. . Bell
Supreme Court of North Carolina
MotioN to vacate an injunction beard at Fall Term, 187&, of Macon Superior Court, before Graves, J. The material facts are that in August, 1875, D. C. Cunningham, the husband of plaintiff, as agent for her, purchased of defendant a house and lot in the town of Franklin, Macon county, at the price of twelve hundred dollars, payable in six equal annual instalments, it being left to the husband to manage the trade and have the title secured to her, as her sole and separate…
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MotioN to vacate an injunction beard at Fall Term, 187&, of Macon Superior Court, before Graves, J. The material facts are that in August, 1875, D. C. Cunningham, the husband of plaintiff, as agent for her, purchased of defendant a house and lot in the town of Franklin, Macon county, at the price of twelve hundred dollars, payable in six equal annual instalments, it being left to the husband to manage the trade and have the title secured to her, as her sole and separate estate. On making the purchase the husband gave his own notes for the money and took a deed conveying title to himself, and…
1Opinion of the Court
Dillard J.
It is unnecessary to recite or refer to any of the particular averments of the answer of defendant as bearing upon the question of the legal correctness of the order vacating the injunction, inasmuch as our opinion proceeds upon the facts above enumerated, taken from the judge’s statement of the case and from the allegations of the complaint not controverted, or at least not denied from any knowledge to the contrary on the part of the defendant.
The plaintiff, if the land was purchased for her and to be paid for by her, and if the same had been paid for in whole or part by her means,…
2Cases cited3 opinions
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- Daniel Boone Complex, Inc. v. FurstCourt of Appeals of North Carolina · 1979
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