Rawls v. . Mayo
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at May Term, 1913, of Beaufort. . On 17 March, 1908, L. R. Mayo and wife gave to James L. Mayo an option to purchase the land he bought of E. Tuthill, at any time on or before 15 July, 1908, for $6,000. At that time Mayo’s ownership of said tract was subject to an agreement with Whilden Springer made 7 May, 1904, and duly recorded 21 November, 1907. On April, 1908, L. R. Mayo died, leaving a last will and testament. . James L. Mayo in…
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Appeal by plaintiff from Whedbee, J., at May Term, 1913, of Beaufort. . On 17 March, 1908, L. R. Mayo and wife gave to James L. Mayo an option to purchase the land he bought of E. Tuthill, at any time on or before 15 July, 1908, for $6,000. At that time Mayo’s ownership of said tract was subject to an agreement with Whilden Springer made 7 May, 1904, and duly recorded 21 November, 1907. On April, 1908, L. R. Mayo died, leaving a last will and testament. . James L. Mayo in apt time brought suit against the personal representative, heirs at law and devisees of L. R. Mayo, to enforce his option.…
1Opinion of the CourtAllek, J.
It is admitted that tbe plaintiffs cannot recover if. tbe purchase money in the bands of J. L. Mayo is not personalty, and it appears in tbe record that a'judgment has been rendered in an action, to which tbe plaintiffs were parties, adjudging it to be real estate, from which there has been no appeal.
If this adjudication was wrong, it is because it was based on the erroneous application of legal principles, and the remedy to correct the error was by appeal. Stafford v. Gallops, 123 N. C., 21; McLeod v. Graham, 132 N. C., 475.
Nor can the fact that the plaintiffs were'infants at the time of the…
2Cases cited4 opinions
- Stafford v. . GallopsSupreme Court of North Carolina · 1898
- Millsaps v. EstesSupreme Court of North Carolina · 1905
- McLeod v. Graham.Supreme Court of North Carolina · 1903
- Earp v. Minton.Supreme Court of North Carolina · 1905
3Cited by8 opinions
- Cole v. WagnerSupreme Court of North Carolina · 1929
- Cole v. . WagnerSupreme Court of North Carolina · 1929
- State v. McClureSupreme Court of North Carolina · 1972
- Finger v. . SmithSupreme Court of North Carolina · 1926
- Nowell v. NealSupreme Court of North Carolina · 1959
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