Headen v. . Womack
Supreme Court of North Carolina
Civic Action tried at Spring Terra, 1882, of Chatham Superior Court, before Graves, J. This action was begun on the 17th day of August, 1880, and the plaintiffs seek to enforce the specific execution of a contract for the purchase of land, entered into between their ancestor, Mrs. Margaret Headen, and George W. Goldston, under whom the defendant, Wiley, claims the land as a purchaser, the other defendants being his heirs-at-law.
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Civic Action tried at Spring Terra, 1882, of Chatham Superior Court, before Graves, J. This action was begun on the 17th day of August, 1880, and the plaintiffs seek to enforce the specific execution of a contract for the purchase of land, entered into between their ancestor, Mrs. Margaret Headen, and George W. Goldston, under whom the defendant, Wiley, claims the land as a purchaser, the other defendants being his heirs-at-law. The contract bears date the 10th day of'December, 1850, and after reciting the fact that the said Goldston was the guardian of the children of the said Margaret, and…
1Opinion of the CourtRuffin, J.
Several very interesting questions were raised upon the trial of this cause in the court below, as well as in the argument of counsel at this bar, but it is not deemed necessary to advert to them, since the court considers the point, upon which the case was at last made to turn, as perfectly conclusive against the plaintiffs.
The statute enacts, that a presumption of abandonment of every equitable interest shall arise within ten years after the right of action thereon shall have accrued. Rev. Code, eh. 65, § 19. Its obvious policy, as said in Ingram v. Smith, 6 Ired. Eq., 97, is to insist…
2Cases cited1 opinion
- Hodges v. . CouncilSupreme Court of North Carolina · 1882
3Cited by19 opinions
- Magee v. . BlankenshipSupreme Court of North Carolina · 1886
- Coxe v. . CarsonSupreme Court of North Carolina · 1915
- Faggart v. . BostSupreme Court of North Carolina · 1898
- Summerlin v. . CowlesSupreme Court of North Carolina · 1888
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
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