Doe on Dem. Credle v. Carrawan
Supreme Court of North Carolina
Ejectment, tried before Jones, J., at Spring Term 1870, of Hyde Court. Tlie plaintiff claimed title under a sheriff’s deed, made after a sale of the lands in question by virtue of an execution against one John Gaboon, to satisfy a judgment obtained iii favor of a creditor, by note dated January 1st 1855, at May Term 1857 of Hyde County Court Tlie defendants claimed under a deed from the said Ca-hoon, dated May 15, 1855, reciting as a consideration “an agreement between…
Read the full summary
Ejectment, tried before Jones, J., at Spring Term 1870, of Hyde Court. Tlie plaintiff claimed title under a sheriff’s deed, made after a sale of the lands in question by virtue of an execution against one John Gaboon, to satisfy a judgment obtained iii favor of a creditor, by note dated January 1st 1855, at May Term 1857 of Hyde County Court Tlie defendants claimed under a deed from the said Ca-hoon, dated May 15, 1855, reciting as a consideration “an agreement between myself and wife prior to our marriage,” and also, love and affection “ for the said children,” the defendants, and also, five…
1Opinion of the CourtDick, J.
The parties to this action of ejectment claim under the same person, and the question to be determined is, which party has the best title to the land in controversy. The plaintiff claims title under a sheriffs deed, as a purchaser at an execution sale made to satisfy a debt contracted by the grantor before the execution of the deed of the defendants. The defendant’s deed was executed before the judgment was obtained on said debt, and is founded upon three considerations:
1. An agreement between the grantor and his wife, made-prior to their marriage.
2. Love and affection for the defendants, the…
2Cited by9 opinions
- Aman v. . WalkerSupreme Court of North Carolina · 1914
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Baldwin v. RogersSupreme Court of Minnesota · 1881
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
4 more not listed; retrieve them via the Exa API.