May v. Getty.
Supreme Court of North Carolina
ActioN by S. J. May and wife against E. P. Getty and others, heard by Judge T. J. Shaw and a jury, at the Spring Term, 1905, of the Superior Court of Macon, on exceptions to the report of a referee. This action was brought to compel specific performance of a contract to convey land, made November 23, 1896, between the plaintiffs, S. J. May and wife, and the defendant, E. P. Getty.
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ActioN by S. J. May and wife against E. P. Getty and others, heard by Judge T. J. Shaw and a jury, at the Spring Term, 1905, of the Superior Court of Macon, on exceptions to the report of a referee. This action was brought to compel specific performance of a contract to convey land, made November 23, 1896, between the plaintiffs, S. J. May and wife, and the defendant, E. P. Getty. The defendants resist the enforcement of the plaintiffs’ equity upon the ground that they are not the owners of the title they contracted to convey. It appears that on June 22, 1889, the plaintiffs, by an…
1Opinion of the Court
Walker, J.,
after stating the case: "We agree with the learned counsel of the defendants that the vital questions in this ease are those raised by their seventh and eighth exceptions to the referee’s conclusions of law and the ruling of the court thereon. Indeed we think that a decision upon the matters thus presented will be sufficient to dispose of the appeal, as the other exceptions are subsidiary to those two, and, if there are any not thus strictly related to them, they are not essential elements in the case and the rulings upon them, even if incorrect, and we do not think they were,…
2Cases cited22 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Goodwin v. ClaytorSupreme Court of North Carolina · 1904
- Battle v. MayoSupreme Court of North Carolina · 1889
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
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3Cited by34 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
- Ross v. TaborCalifornia Court of Appeal · 1921
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
29 more not listed; retrieve them via the Exa API.