Burns v. . McGregor
Supreme Court of North Carolina
Civil ACTION tried .upon demurrer to complaint at Spring Term, 1883, of RobesoN Superior Court, before Mac'Rae, J. The court overruled the demurrer and gave judgment for plaintiffs and the defendants appealed.
1Opinion of the CourtMebbimoN, J.
The demurrer admits the averments of the complaint, and the facts therein stated must be accepted as substantially true. So that the question is, does the complaint state a cause of action ?
It appears that the feme covert defendant was the owner in her own right of a tract of land and desired to exchange it for another tract of greater value that the plaintiffs had purchased from D. M. Currie, but for w'hioh they had not taken title to themselves.
It was accordingly agreed between the plaintiffs and the feme defendant, that she should convey her tract of land to the said Currie at the price of…
2Cases cited7 opinions
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Bunting v. . JonesSupreme Court of North Carolina · 1878
- Newhart v. . PetersSupreme Court of North Carolina · 1879
- Hall v. . ShortSupreme Court of North Carolina · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Walker v. . BrooksSupreme Court of North Carolina · 1888
33 more not listed; retrieve them via the Exa API.