Legal Opinion

Oliver v. . Dix

Supreme Court of North Carolina

Decided December 5, 1835PublishedCited by 6 opinions

This case came before the Court by way of appeal from the Court of Equity for Caswell county. The bill was filed on the 13th day of March, 1834, and stated that the plaintiff- was in possession of a part of lot No. 12, in the town of Milton, and improving it, in the year 1818, under a purchase from some person not mentioned in the bill; and that one James Dix, then, through the defendant Thomas Dix, as his agent, set up a claim to the same: that the plaintiff became…

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This case came before the Court by way of appeal from the Court of Equity for Caswell county. The bill was filed on the 13th day of March, 1834, and stated that the plaintiff- was in possession of a part of lot No. 12, in the town of Milton, and improving it, in the year 1818, under a purchase from some person not mentioned in the bill; and that one James Dix, then, through the defendant Thomas Dix, as his agent, set up a claim to the same: that the plaintiff became satisfied that said James was the owner, and thereupon agreed for the purchase of his title, at the price often hundred and…

1Opinion of the Court

Ruffin, Chief Justice,

having stated the case as above, proceeded: — It is clear, that the deed offered to the plaintiff is altogether insufficient. No doubt, the defendant intended to comply with the contract, and both he and the plaintiff thought he was doing so. But the deed does not purport to be the deed of James Dix; the owner, but of Tilomas as the attorney. Allusion is not had to method of signing only. It may not be material whether it be signed J. D. by T. D., or T. D. for J. D. But the instrument must profess in its terms to be the act of the principal. Besides, if it had been .in…

2Cited by6 opinions

  1. Reichler v. TillmanCourt of Appeals of North Carolina · 1974
  2. Lewis v. AllredSupreme Court of North Carolina · 1959
  3. Phillips v. . HookerSupreme Court of North Carolina · 1867
  4. Scott v. . McAlpinSupreme Court of North Carolina · 1817
  5. Ramsey v. . DavisSupreme Court of North Carolina · 1927

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