Francis v. Herren
Supreme Court of North Carolina
This is a Civil action, which was tried before Boykin, J., at Fall Term, 1888, of Haywood Superior Court, upon exceptions to referee’s report.
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This is a Civil action, which was tried before Boykin, J., at Fall Term, 1888, of Haywood Superior Court, upon exceptions to referee’s report. The case presented in the complaint is this: In pursuance of an agreement entered into between the plaintiff T. L. Francis and the defendant J. P. Herren, and reduced to writing, the latter and his wife M. J. Herren, on November 20, 1886, executed a bond — the said M. J. Her-ren being privily examined and giving her assent thereto— covenanting therein, upon payment of the purchase money,, to make title to a certain described tract of land in the county…
1Opinion of the CourtSmith, J.
(after stating the case.) By an act of the General Assembly, passed at the session of 1885, chap. 148, it is provided that “ no conveyance of land nor contract to convey or lease of land for more than three years shall be valid to pass any property, as against creditors or purchasers for a valuable consideration from the donor, bargainor or lessor, but from the registration thereof within the county wherein the land lieth,” with certain qualifications not pertinent to the present case.
Two of the judgments held by defendants were docketed before the making of the contract with the plaintiffs,…
2Cases cited3 opinions
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Boyd v. . TurpinSupreme Court of North Carolina · 1886
- Jackson v. . SloanSupreme Court of North Carolina · 1877
3Cited by7 opinions
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- Brown v. . HardingSupreme Court of North Carolina · 1915
- Schuman v. Roger Baker & Associates, Inc.Court of Appeals of North Carolina · 1984
- Stancill v. SpainSupreme Court of North Carolina · 1903
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