Brendle v. . Herron
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1882, of Haywood Superior Court, before Gilliam, J. The plaintiff seeks to have the defendant, Herron, declared a trustee to his use of the legal title of a certain parcel of laud, and to set up a lost deed to the same and to recover the possession thereof.
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Civil ActioN tried at Spring Term, 1882, of Haywood Superior Court, before Gilliam, J. The plaintiff seeks to have the defendant, Herron, declared a trustee to his use of the legal title of a certain parcel of laud, and to set up a lost deed to the same and to recover the possession thereof. The facts upon which the rights of the parties depend, and which seem not to be controverted, are as follows: In 1866, the father of the plaintiff was seized of a tract of land, and in December of that year conveyed one-half thereof (it being the parcel now in controversy) to the plaintiff, then an infant…
1Opinion of the CourtRuffin, J.
What the exact nature of that estate is, which a bargainee in a deed of bargain and sale acquires upon the execution and before the registration of his deed, and whether he can, by a simple act of surrender or of cancellation of the unregistered instrument, unaccompanied with any written agreement, determine that estate, and revest it in the bargainor, seem to be still vexed questions in this state, and the authorities with reference to them hopelessly irreconcilable. But important as they may be, and desirable as it is that they should be put upon a more certain footing than they now occupy,…
2Cited by1 opinion
- Brendle v. . HerrenSupreme Court of North Carolina · 1887