Legal Opinion

Hawkins v. . Pepper

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 14 opinions

Civil actioN, tried before Brown, Judge, and a jury, Fall Term, 1895, of Stoees Superior Court. The-defendant, Pepper, was allowed to come in and be made a defendant, as the alleged landlord of the defendant Martin, claiming the property in dispute ; whereupon the trespass was claimed to have been committed by virtue of a certain paper writing or contract, under seal, executed between the plaintiff and said Pepper, a copy of which is set up in the defendant’s answer, and…

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Civil actioN, tried before Brown, Judge, and a jury, Fall Term, 1895, of Stoees Superior Court. The-defendant, Pepper, was allowed to come in and be made a defendant, as the alleged landlord of the defendant Martin, claiming the property in dispute ; whereupon the trespass was claimed to have been committed by virtue of a certain paper writing or contract, under seal, executed between the plaintiff and said Pepper, a copy of which is set up in the defendant’s answer, and marked “Exhibit A.” The following issues were submitted without objection : “1. Were the words ‘five years,’ whereby the…

1Opinion of the Court

Avery, J.:

It is a well settled principle that where an estate or interest in land is conveyed for a nominal consideration and is subject to be defeated by failure to perform a condition subsequent which constitutes the consideration on the part of the grantor for executing the deed conveying it, a reasonable time will be allowed for its performance, after which th'e courts will adjudge that the grantee, if he has taken no steps looking to and giving promise of a compliance with it, has abandoned the purpose to perform it. Ross v. Tremaine, 2 Met., (Mass.) 495; Allen v. Howe, 105 Mass., 241; 6…

2Cases cited2 opinions

  1. Conrad v. . MoreheadSupreme Court of North Carolina · 1883
  2. Allen v. HoweMassachusetts Supreme Judicial Court · 1870

3Cited by14 opinions

  1. The Texas Company v. DavisTexas Supreme Court · 1923
  2. Steelsmith v. GartlanWest Virginia Supreme Court · 1898
  3. Eastern Kentucky Mineral & Timber Co. v. Swann-Day Lumber Co.Court of Appeals of Kentucky · 1912
  4. Gadbury v. Ohio & Indiana Consolidated Natural & Illuminating Gas Co.Indiana Supreme Court · 1903
  5. Mills v. HartzSupreme Court of Kansas · 1908

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