Robinson v. Willoughby.
Supreme Court of North Carolina
This was a civil action for the recovery of real estate tried before Buxton, J., at Spring Term, 1871, of Union Superior Court. The facts are that both parties claimed title under one D. R. Christenbury. The conveyance from Christenbury to the plaintiff was in form an absolute deed in fee simple, reciting a consideration of $310, dated December 25th, 1865, and duly registered February 8fh, 1869, and was for fifty-two acres of land.
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This was a civil action for the recovery of real estate tried before Buxton, J., at Spring Term, 1871, of Union Superior Court. The facts are that both parties claimed title under one D. R. Christenbury. The conveyance from Christenbury to the plaintiff was in form an absolute deed in fee simple, reciting a consideration of $310, dated December 25th, 1865, and duly registered February 8fh, 1869, and was for fifty-two acres of land. At the time of the execution of the foregoing deed, Christenbury being indebted unto the plaintiff in the sum of $310, the latter gave to Christenbury a bond,…
1Opinion of the CourtRodman, J.
As the entire contract between the plaintiff and Christenbury was in writing, and there was no evidence of any fact tending to show fraud or ‘ mistake, his Honor rightly considered the nature and effect of the contract, to be a matter •of law, and for his decision. If his Honor permitted the evidence of Stillwell, that he considered the transaction a conditional sale, and not a mortgage, and that such was the intention of the parties, to have any weight with him, we think he •erred in doing so. The evidence of the witness on that point, was not as to any matter of fact, but merely his opinion…
2Cited by31 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Gassert v. BogkMontana Supreme Court · 1888
- O'Briant v. . LeeSupreme Court of North Carolina · 1939
- Haynie v. RobertsonSupreme Court of Alabama · 1877
- Watkins v. . WilliamsSupreme Court of North Carolina · 1898
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