Jones v. . Sandlin
Supreme Court of North Carolina
Appeal by plaintiffs from Oline, J., at March Special Term, 1912, of SampsoN. This action was brought to cancel a deed for 42 acres of land, which was executed by plaintiff to defendant, and is alleged to have been placed in the possession of a third party, to be delivered upon compliance with its conditions.
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Appeal by plaintiffs from Oline, J., at March Special Term, 1912, of SampsoN. This action was brought to cancel a deed for 42 acres of land, which was executed by plaintiff to defendant, and is alleged to have been placed in the possession of a third party, to be delivered upon compliance with its conditions. It contained this clause: “That said Annie E. Jones, in consideration of $1, and a iurther consideration that the said Mary F. Sandlin beep up and cultivate my house field and give me what is made on said land where I now live, and as long as I live, and if she fails to do this and I…
1Opinion of the Court
WalKBR, J.,
after stating the case: As the defendant failed to perform the contract, as appears by the verdict, plaintiff is entitled to recover the land, and must pay to the defendant the value of any improvements .the latter has put upon the same. This is what the deed provides, for it says that, upon defendant’s default .and plaintiff’s dissatisfaction, the defendant is “to have pay for what she has done out of the property” of the plaintiff. The first issue seems to have been submitted without objection, and the answer of the jury thereto ascertains the contract of the parties, without…
2Cases cited16 opinions
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3Cited by16 opinions
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