Williams v. . Munroe
Supreme Court of North Carolina
This was a civil action to recover a tract of laud tried before his Honor, Bxixton, J., at Cumberland Superior Court, Spring Term, 1372. The case, so far as a statement of it is necessary to the proper understanding of the opinion of this Court, was as follows.
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This was a civil action to recover a tract of laud tried before his Honor, Bxixton, J., at Cumberland Superior Court, Spring Term, 1372. The case, so far as a statement of it is necessary to the proper understanding of the opinion of this Court, was as follows. The plaintiffs claimed as executors and by virtue of a power in the will of Duncan Murchison, who bad purchased the land in question at a sale made in March 1870, by John D. ”W illiams, one of the plaintiffs as trustee in a deed of trust executed by Christopher Munroe, to secure a debt due to Murchison, Reid & Co., a firm of which the…
1Opinion of the CourtBowden, J.
Several questions in this case were discussed by defendant’s counsel, which this Court holds cannot be raised in this action, as now constituted. The action is against the widow of the bargainor in a deed of trust, under which a sale was made and the land purchased by the plaintiffs’ testator.
The defendant in this case can set up no defence which could not be set up by the bargainor in the deed of trust.
The widow, the defendant in this case, can set up no defence not allowed her husband. This is settled by the case of Mc- Neill v. Riddle, 66 N. C. R. 290. In that case the widow, in the…
2Cases cited2 opinions
- Walke v. . MoodySupreme Court of North Carolina · 1871
- H. J. and John McNeill v. . Flora RiddleSupreme Court of North Carolina · 1872
3Cited by1 opinion
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879