Pearsall v. . Mayers
Supreme Court of North Carolina
Civil action, for possession of land, tried before Bussell, Ji, at Spring Term 1870, of Onslow Court. Tbe defendant, by counterclaim, set up a contract for the purchase of the land by himself, in May 1863, at. $2,000, the payment of $1,000 thereof in Confederate currency, the giving a note for the remainder, and various payments thereupon since the Surrender,, in.
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Civil action, for possession of land, tried before Bussell, Ji, at Spring Term 1870, of Onslow Court. Tbe defendant, by counterclaim, set up a contract for the purchase of the land by himself, in May 1863, at. $2,000, the payment of $1,000 thereof in Confederate currency, the giving a note for the remainder, and various payments thereupon since the Surrender,, in. U. S.-currency. ; also, that a submission, (by parol,) of the matters arising out of the transaction between the' parties, had- been made-by them.to certain persons, who had awarded, (by parol,) that upon an account, the plaintiff…
1Opinion of the CourtPearson, C. J.
There may be many objections to the “ Code of Civil Procedure,” but this case furnishes an instance of a particular in which it is a decided improvement upon the old mode of procedure. The case is this: In 1863, the plaintiff sold to the defendant, a tract of land at the price of $2,000, and executed a bond to make title when the purchase money was paid. The defendant paid $1,000 in Confederate notes, and gave a bond for $1,000 payable in one 3rear, and was let into possession. The defendant since the war, has made several payments in greenbacks. The parties differ as to whether the purchase…
2Cited by9 opinions
- Brannock v. FletcherSupreme Court of North Carolina · 1967
- Simms v. . VickSupreme Court of North Carolina · 1909
- Owens v. Williams.Supreme Court of North Carolina · 1902
- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
- Dail Bro. v. . FreemanSupreme Court of North Carolina · 1885
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