Owens v. Phelps
Supreme Court of North Carolina
Civil action, tried before MacPae, Judge, and a jury, at Fall Term, 3 886, of Davie Superior Court. This case was before the Court on the plaintiffs’ appeal, at February Term, 1885, but not upon the points presented in the present transcript.
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Civil action, tried before MacPae, Judge, and a jury, at Fall Term, 3 886, of Davie Superior Court. This case was before the Court on the plaintiffs’ appeal, at February Term, 1885, but not upon the points presented in the present transcript. The case is simply this: William A. Owens, the ancestor of the plaintiffs, his heirs-at-law, in his lifetime entered into an agreement with the defendant Uriah H. Phelps, for the purchase of the tract of land described in the complaint, for which, in 1857, he gave his three several notes, payable at one, two and three years, each for the sum of $600, and…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The exceptions are in our opinion untenable, for the reasons we proceed to state.
1st Exception. The defendants assert that the plaintiffs ratified and took the fruits of the arrangement made between the personal representative and the vendor Phelps. It was therefore a subject of inquiry, and the issue was necessary in order that the jury might pass upon the disputed fact.
2d Exc. As to the existence of any evidence, or its sufficiency to warrant the verdict.
1. That there was evidence produced, is conceded in the plaintiffs’ prayer for instructions, at the conclusion…
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