Hadley v. . Nash .
Supreme Court of North Carolina
This was a civil action, and upon the trial, before his Honor, Tourgee, J., at the Spring Term, 1873, of the Superior Court of Chatham county, a jury was waived by consent, and his Honor found the facts and stated his conclusions of law, which were in favor of the plaintiff; and'from the judgment rendered thereon, the defendant, Nash, appealed. These facts and conclusions of law are sufficiently stated in the opinion of this Court.
1Opinion of the CourtSettle, J.
In this case, by consent of parties, a jury was waived, and his Honor found the facts, and upon them, declared his conclusions of law.
The very clear and explicit manner in which he has discharged his duty relieves this Court of much labor, and affords a striking illustration in favor of that mode of trial.
It appears that on the 13th day of November, 1857, one Spencer McLenahan contracted to sell and convey in fee simple the lands in controversy to the defendant, "W. A. Nash. McLenahan gave his bond for title, and Nash gave his notes for the payment of the purchase money. Mc-Lenahan, for value…
2Cited by3 opinions
- Felton v. SmithIndiana Supreme Court · 1882
- Bell v. . HillSuperior Court of North Carolina · 1794
- Morehead v. . Wriston and Johnston, Adm'r.Supreme Court of North Carolina · 1875