Coltrane v. . Laughlin
Supreme Court of North Carolina
Appeal from. Daniels, J., at July Term, 1911, of Randolph. Civil action to recover damages for breach of contract to convey land and to condemn and apply the proceeds from a sale of real estate to satisfaction of the damages alleged to be recoverable.
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Appeal from. Daniels, J., at July Term, 1911, of Randolph. Civil action to recover damages for breach of contract to convey land and to condemn and apply the proceeds from a sale of real estate to satisfaction of the damages alleged to be recoverable. Defendants denied the existence of the contract and pleaded an estoppel of record against recovery by reason of a judgment on action commenced before the Clerk of Randolph County as a special proceeding to sell land for division among tenants in common, transferred on issues joined to the Superior Court of Randolph County and determined there by…
1Opinion of the Court
Hone, J.,
after stating the case: On the question of estoppel it was made to appear by admission and the inspection of the record chiefly that “In the year 1866 or 1867 Abner Coltrane died ill. Eandolpb, seized of a tract of land containing 111 acres, leaving a widow and three children, his only heirs at law, to wit, the plaintiff E. L. Coltrane, S. L. Coltrane, and Euth Gardner; S. L. Coltrane, then a nonresident, having moved from this State while a minor. Mrs. Gardner left the State soon after her father’s death. The plaintiff moved in with his mother immediately after the death of his…
2Cases cited10 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Gillam v. . EdmonsonSupreme Court of North Carolina · 1910
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3Cited by43 opinions
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- Southern Distributing Co. v. CarrawaySupreme Court of North Carolina · 1928
- Moore v. . HarkinsSupreme Court of North Carolina · 1919
- Holloway v. City of DurhamSupreme Court of North Carolina · 1918
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