Fortune v. . Watkins
Supreme Court of North Carolina
Civil action, tried before Shipp, Judge, and a jury, at Fall Term, 1884, of the Superior Court of Buncombe county. On the 25th day of August, 1874, the parties to the action entered into a mutual agreement for the sale and purchase of the tract of land mentioned in the complaint, in pursuance of which, the defendant then paid three hundred dollars, and executed his three several notes under seal to the plaintiff, payable at one, two and three years from date, each in the sum…
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Civil action, tried before Shipp, Judge, and a jury, at Fall Term, 1884, of the Superior Court of Buncombe county. On the 25th day of August, 1874, the parties to the action entered into a mutual agreement for the sale and purchase of the tract of land mentioned in the complaint, in pursuance of which, the defendant then paid three hundred dollars, and executed his three several notes under seal to the plaintiff, payable at one, two and three years from date, each in the sum of eighteen hundred and thirty-three dollars, and all bearing interest from date; and the plaintiff’ gave the defendant…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The exceptions to be reviewed, eight in number, may be resolved into four general propositions in law.
I. The deeds of Thomas L. Harris and William F. Davidson, though made in fulfilment of an executory agreement, entered into, in each case, while the .dower right of the surviving wife was confined to lands whereof the husband was seized and possessed at the time of his death, were in fact executed after the change restoring the right of dower as it existed at common law; and therefore these tracts were encumbered by the right of dower of the plaintiff's wife,…
2Cases cited13 opinions
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
- Wessell v. . RathjohnSupreme Court of North Carolina · 1883
- Davis v. . InscoeSupreme Court of North Carolina · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
22 more not listed; retrieve them via the Exa API.