Hackett v. . Shuford
Supreme Court of North Carolina
Civil Action tried at Spring Term, .1881, of Wilkes Superior Court, before Seymour, J. This action was brought by the plaintiffs against the defendants for the specific performance of a contract to convey a certain tract of land, which their ancestors had covenanted upon a valuable consideration to convey to them.
Read the full summary
Civil Action tried at Spring Term, .1881, of Wilkes Superior Court, before Seymour, J. This action was brought by the plaintiffs against the defendants for the specific performance of a contract to convey a certain tract of land, which their ancestors had covenanted upon a valuable consideration to convey to them. The following are the facts proved by the plaintiffs which are uncontradicted; In April, 1858, Benjamin F. Petty contracted in writing to sell the locus in quo to R. F. Hackett and J. W. Hackett for $2,700. J. W. Hackett agreed by parol to assign his interest to R. F. Hackett, and…
1Opinion of the CourtAshe, J.
This narrows down the case on the appeal to the question whether the land in controversy was bought by B. F. Petty with money'which was the separate property of Cynthia, his wife, and if so, whether there was an agreement at the time of his receiving the money between him and Cynthia that it should be invested in the land in controversy. There was certainly some evidence, sufficient we think, to be left to the jury, that the Gilreath land was purchased by B. F. Petty with money which he had received from the sale of the lands belonging to the Bryan estate, in which his wife had an interest.…
2Cases cited3 opinions
- Dula v. . YoungSupreme Court of North Carolina · 1874
- Plummer v. JarmanCourt of Appeals of Maryland · 1876
- Sabel v. SlingluffCourt of Appeals of Maryland · 1879
3Cited by9 opinions
- Bullman v. EdneySupreme Court of North Carolina · 1950
- Tyndall v. . TyndallSupreme Court of North Carolina · 1923
- Kirkpatrick v. HolmesSupreme Court of North Carolina · 1891
- Beam v. . BridgersSupreme Court of North Carolina · 1891
- Giles v. HunterSupreme Court of North Carolina · 1889
4 more not listed; retrieve them via the Exa API.