Legal Opinion

Midgett v. . Brooks

Supreme Court of North Carolina

Decided June 5, 1851PublishedCited by 5 opinions

Appeal from the Superior Court of Law of Hyde County, at the Spring Term 1851, his Honor Judge Caldwell presiding. This was an action upon the covenant, contained in the following deed: “ This Indenture, made this 24th day of August, in the year of Our Lord one thousand eight hundred and thirty-nine, between William S. Douglas and John Midgett, both of the County of Hyde and State of North Carolina, wit-nesseth : That the said William S. Douglas, for and in consideration of…

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Appeal from the Superior Court of Law of Hyde County, at the Spring Term 1851, his Honor Judge Caldwell presiding. This was an action upon the covenant, contained in the following deed: “ This Indenture, made this 24th day of August, in the year of Our Lord one thousand eight hundred and thirty-nine, between William S. Douglas and John Midgett, both of the County of Hyde and State of North Carolina, wit-nesseth : That the said William S. Douglas, for and in consideration of the sum of one hundred and twenty dollars to him in hand paid by the said John Midgett, the receipt and payment of which…

1Opinion of the CourtNash, J.

This cause in here upon a case agreed. The* declaration contains two counts ; one on a covenant of sei-' sin, the other upon a covenant of quiet enjoyment. It is agreed, that if upon either count the plaintiff is entitled to a recovery, judgment shall be-rendered for him for the sum set forth. The alleged covenants are contained in a deed of bargain and sale for a tract of land, sold by William S. Douglas, who is now dead, to-the plaintiff. The deed, after' setting out in the premises the parties to it, and specifying the land, and the interest eonveyed, goes on as follows:: “To have and to…

2Cited by5 opinions

  1. Bryant v. . ShieldsSupreme Court of North Carolina · 1942
  2. Bryant v. ShieldsSupreme Court of North Carolina · 1942
  3. Hafner v. . IrwinSupreme Court of North Carolina · 1838
  4. Fishel v. BrowningSupreme Court of North Carolina · 1907
  5. Fishel v. . BrowningSupreme Court of North Carolina · 1907

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