Maxwell v. . Wallace
Supreme Court of North Carolina
Cause removed from the Court of Equity for Mecklenburg, at Spring Term, 1851. The defendant, Robert B. Wallace, in 1834, purchased the tract of land in controversy, from one Alexander Wallace, and took his deed therefor. In 183T, Robert bargained and sold the land to the defendant, Frederick, who paid the purchase money, $75., and took,an assignment from Robert, of Alexander Wallace’s deed to him.
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Cause removed from the Court of Equity for Mecklenburg, at Spring Term, 1851. The defendant, Robert B. Wallace, in 1834, purchased the tract of land in controversy, from one Alexander Wallace, and took his deed therefor. In 183T, Robert bargained and sold the land to the defendant, Frederick, who paid the purchase money, $75., and took,an assignment from Robert, of Alexander Wallace’s deed to him. Frederick sold the land to the plaintiff, and executed his deed for the same ,• and afterwards, Robert sold to the defendant, Mathew Wallace, and executed a deed to him. The plaintiff alleges, that…
1Opinion of the CourtNash, C. J.
The parties in their bill and answer agree, that the defendant, Frederick, had purchased the tract of land in question, from the defendant, Robert B. Wallace, and paid up the purchase money, and that the latter, by way of conveying the title to Frederick, assigned over to him the deed made to him Wallace, by Alexander Wallace, under which he claimed, and each party at the time believing such a transfer of the deed was a sufficient conveyance. They further agree that after such sale to Frederick, R. B. Wallace conveyed the land to his brother, Mathew Wallace, one of the defendants. The bill…
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