Durham v. . Wilson
Supreme Court of North Carolina
Homestead — Execution Sale — Vendor and Vendee — Purchase Money — Jurisdiction—Presumption—Res Judicata — Practice before Justice of the Peace — Trial by Jury — Waiver. This isa civil action, which'was tried at the Spring Term, 1889, of the Superior Court of Cleveland County, before Clark, J. The action was brought in the usual form to recover land, alleging title in the plaintiff and wrongful withholding of possession, on the part of the defendant.
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Homestead — Execution Sale — Vendor and Vendee — Purchase Money — Jurisdiction—Presumption—Res Judicata — Practice before Justice of the Peace — Trial by Jury — Waiver. This isa civil action, which'was tried at the Spring Term, 1889, of the Superior Court of Cleveland County, before Clark, J. The action was brought in the usual form to recover land, alleging title in the plaintiff and wrongful withholding of possession, on the part of the defendant. The defendant denied that the plaintiff was owner, but admitted possession {claimed to be rightful) in himself. There were other allegations of…
1Opinion of the CourtAvery, J.
— after stating the facts: When a grantor recovers judgment against his grantee, on a note given for the purchase money of land previously conveyed fo the latter, and purchases the land at Sheriff’s sale under execution issued thereon, it is competent for the former, on the trial of an action brotight against the grantee for possession; to prove by parol testimony that the note was given for the purchase money of ibe land in controversy, in order to show that such sale was valid, though made without a previous allotment of homestead. Constitution, Art. X, §2; Durham v. Bostick, 72 N. C., 353;…
2Cases cited3 opinions
- Durham v. . Bostick and MartinSupreme Court of North Carolina · 1875
- Dail v. . SuggSupreme Court of North Carolina · 1881
- Toms v. . FiteSupreme Court of North Carolina · 1885
3Cited by3 opinions
- Everett v. . NewtonSupreme Court of North Carolina · 1896
- Buie v. . ScottSupreme Court of North Carolina · 1893
- Davis v. Evans.Supreme Court of North Carolina · 1906