Henry v. . Smith
Supreme Court of North Carolina
Purchaser for Value Without Notice. Civil ActioN, tried at Fall Term, 1875, of ANSON Superior Court before Buxton, J. By consent of parties Ilis Honor found the facts to be substantially as follows: The plaintiff executed a lease to defendant, Francis Lynch, on the 25th of November, 1861. Through inadvertance of the draftsman the consideration was stated to be $25.00 in hand paid, &c., whereas the contract was and so intended to be stated, that said consideration was $25.00…
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Purchaser for Value Without Notice. Civil ActioN, tried at Fall Term, 1875, of ANSON Superior Court before Buxton, J. By consent of parties Ilis Honor found the facts to be substantially as follows: The plaintiff executed a lease to defendant, Francis Lynch, on the 25th of November, 1861. Through inadvertance of the draftsman the consideration was stated to be $25.00 in hand paid, &c., whereas the contract was and so intended to be stated, that said consideration was $25.00 to be annually paid during the term of 99 years. Defendant William C. Smith assignee of Erancis Lynch, had actual notice…
1Opinion of the CourtBrsuM, J.
As the indenture of lease is written, executed .and registered, the only' construction we can put upon it is, that it conveyed the whole term -for the consideration' of twenty-five dollars. That is admitted by the plaintiff, and hence he seeks to have the deed corrected so as to show that the consideration was the sum of twenty-five dollars annual-3y to be paid as rent during the continuance of the term. "We áre satisfied that such was the meaning of the parties to the lease and that therefore as between the plaintiff and Lynch, the immediate lessee, the correction of the deed could be made…
2Cited by1 opinion
- Henry v. . SmithSupreme Court of North Carolina · 1878