Legal Opinion

Blackwood v. . Jones

Supreme Court of North Carolina

Decided June 5, 1858PublishedCited by 9 opinions

Cause removed from the Court of Equity of Wake county. William E. Blackwood, the husband of Mary A. Black-wood, and the father of the infant plaintiffs, contracted to buy the laud in controversy, and took from the defendant Dempsy Powell, a bond to make title to him for the same ; which said hond was drawn by the defendant Jacob Powell, and witnessed by him.

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Cause removed from the Court of Equity of Wake county. William E. Blackwood, the husband of Mary A. Black-wood, and the father of the infant plaintiffs, contracted to buy the laud in controversy, and took from the defendant Dempsy Powell, a bond to make title to him for the same ; which said hond was drawn by the defendant Jacob Powell, and witnessed by him. In pursuance of said bond, Dempsy Powell, on the 24th day of December, 1851, executed to Blackwood a deed in fee simple, for the premises. Blackwood and bis wife and children, entered into possession of tlie premises, and held tbe same…

1Opinion of the CourtPearson, J.

It is not necessary to declare that the debt of $50, due by Dempsy Powell to Jacob Powell, to secure which, the deed of trust wras executed to Jones, was in fact, satisfied, at the time Dempsy Powell sold the land to Black-wood, because the proof is full that, before, and at the time Blackwood bought, Jacob Powell represented to him, that the debt was satisfied, and thereby induced him to make the purchase, and was so far privy to the transaction as to have become the draftsman of the bond for the title, in pursuance of which, the deed was executed.

These facts are abundantly sufficient to…

2Cited by9 opinions

  1. Hill v. RailroadSupreme Court of North Carolina · 1906
  2. Wynn v. GrantSupreme Court of North Carolina · 1914
  3. Wynn v. . GrantSupreme Court of North Carolina · 1914
  4. Raeford Lumber Co. v. Rockfish Trading Co.Supreme Court of North Carolina · 1913
  5. R. R. v. . Comrs.Supreme Court of North Carolina · 1924

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