Tarault v. . Seip
Supreme Court of North Carolina
Appeal from Cline, J., at Sexitember Term, 1911, of CuRRi-TTJOK. Civil action. Tbe plaintiff sued to recover on a note for $10,000, given for tbe purchase money of certain lands.
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Appeal from Cline, J., at Sexitember Term, 1911, of CuRRi-TTJOK. Civil action. Tbe plaintiff sued to recover on a note for $10,000, given for tbe purchase money of certain lands. Tbe defendant pleaded counterclaims wbicb are embodied in these issues: 1. Did tbe plaintiff covenant to warrant and defend tbe title to tbe lands described in tbe answer? Answer: Yes. 2. Were tbe defendants ousted from tbe lands, or any part thereof, as alleged in answer? Answer: Yes; 17-80 of tbe Cox lands. 3. What damage is defendant entitled to recover for 17-80 of Cox land, named by M. B. Mott and others, for…
1Opinion of the Court
The plaintiff sued to recover on a note for $10,000, given for the purchase money of certain lands. The defendant pleaded counterclaims which are embodied in these issues:
1. Did the plaintiff covenant to warrant and defend the title to the lands described in the answer? Answer: Yes.
2. Were the defendants ousted from the lands, or any part thereof, as alleged in answer? Answer: Yes: 17-80 of the Cox lands.
3. What damage is defendant entitled to recover for 17-80 of Cox land, named by M. B. Mott and others, for value of land and attorney's fees and cost of witnesses? Answer: $2,055.35 and…
2Cases cited4 opinions
- Shell v. . RosemanSupreme Court of North Carolina · 1911
- Tilghman v. . WestSupreme Court of North Carolina · 1851
- Byard v. HolmesSupreme Court of New Jersey · 1870
- Hamrick v. . HoggSupreme Court of North Carolina · 1827
3Cited by18 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Pritchard v. . DaileySupreme Court of North Carolina · 1915
- Parker v. WhiteSupreme Court of North Carolina · 1952
- Stone v. Doctors' Lake Milling Co.Supreme Court of North Carolina · 1926
- Peyton v. . GriffinSupreme Court of North Carolina · 1928
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