Legal Opinion
Davis v. Evans.
Supreme Court of North Carolina
Decided October 30, 1906Published
ActioN by S. E. Davis against M. E. Evans, administrator of A. M. Evans, beard upon appeal from a justice of tbe peace, by Judge G. 8. Ferguson and a jury, at tbe Ajiril Term, 1906, of tbe Superior Court of Geanville. Tbe Court submitted one issue to tbe jury: “Has tbe note sued on or any part thereof been paid; and if so, wbat part ? Ans.: No.” From tbe judgment rendered, tbe defendant appealed.
1Opinion of the CourtBeown, J.
Tbe plaintiff sued on a note for $75 alleged to have been given for tbe purchase-money of tbe land described in a deed executed 7 November, 1898, by tbe plaintiff to tbe defendant’s intestate. The defendant contends:
“1. That under the pleadings and evidence the plaintiff was not entitled to have judgment declared to be for the balance of the purchase-money of the tract of land described in said judgment.
“2. That there was no evidence before the Court that the note sued on was for a balance of the purchase-price of the land described in said judgment.
“3. That the note contained no description…
2Cases cited2 opinions
- Durham v. . WilsonSupreme Court of North Carolina · 1889
- Buie v. . ScottSupreme Court of North Carolina · 1893