Bryan v. . Hodges
Supreme Court of North Carolina
This was a civil actiok, tried at Spring Term, 1890, of Wilkes Superior Court, before Merrimon, J. The plaintiff alleged, in substance, that the defendant Pipes, having made an entry for the land in controversy, and having a right to take out a grant for the same, assigned it for value to the plaintiff, the plaintiff paying a part of the price agreed; that, after the land was surveyed and duly certified, the papers were handed over to plaintiff to enable him to obtain a…
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This was a civil actiok, tried at Spring Term, 1890, of Wilkes Superior Court, before Merrimon, J. The plaintiff alleged, in substance, that the defendant Pipes, having made an entry for the land in controversy, and having a right to take out a grant for the same, assigned it for value to the plaintiff, the plaintiff paying a part of the price agreed; that, after the land was surveyed and duly certified, the papers were handed over to plaintiff to enable him to obtain a grant from the State; that the plaintiff forwarded the same, with the necessary money, to the Secretary of State; that, on…
1Opinion of the Court
Shepherd, J.:
1. We are unable to perceive any error in the admission of the oral testimony of the plaintiff as to the transaction between him and the defendant Pipes. The latter had made an entry of the land and obtained a warrant to survey the same. This conferred upon him “no estate or interest in the land, * * * but simply the right to be preferred when the money was paid and the other formalities required by the statute complied with.” Hall v. Hollifield, 76 N. C., 476.
The entry, says Justice Avery, in Gilchrist v. Middleton (decided at this term), creates “an inchoate equity, which, upon…
2Cases cited2 opinions
- Hulbert v. . DouglasSupreme Court of North Carolina · 1886
- Hall v. . HollifieldSupreme Court of North Carolina · 1877
3Cited by14 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Wynn v. . GrantSupreme Court of North Carolina · 1914
- Holden v. . PurefoySupreme Court of North Carolina · 1891
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