Winborn v. . Gorrell
Supreme Court of North Carolina
This cause was removed by consent from the Court of Equity of Guilford county to the Supreme Court, at Fall Term, 1843. The bill set forth, substantially, the following facts : in April, 1S36; William Hannei purchased from his father-in-law, Nathan Armfield, a tract of land, which is described, at Pr'ce °f ft >500; and gave therefor one bond for .$1,000, payable December 25th, 1836, and another bond for $500, payable December 25th, 1837. And Armfield gave to Hanner a bond in…
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This cause was removed by consent from the Court of Equity of Guilford county to the Supreme Court, at Fall Term, 1843. The bill set forth, substantially, the following facts : in April, 1S36; William Hannei purchased from his father-in-law, Nathan Armfield, a tract of land, which is described, at Pr'ce °f ft >500; and gave therefor one bond for .$1,000, payable December 25th, 1836, and another bond for $500, payable December 25th, 1837. And Armfield gave to Hanner a bond in the penalty of $3,000, with condition to convey the land in fee, upon the payment of the money mentioned in those…
1Opinion of the CourtRuffin, C. J.
If the bill were against William Hanner alone, even these defendants would not, at least they do not, question the proposition, that the land would be a security for the debt due on the bond given to his children by their grand-father. By the express terms of the sale, the purchase money was to be paid before Hanner was to have a deed. He did not even pretend in his bill, that Armfield meant to discharge him from that provision of the contract, when he gave one of the bonds to him and assigned the other to his children. If there had been such an understanding or intention on the part of…
2Cited by7 opinions
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Brown v. HardingSupreme Court of North Carolina · 1915
- Brown v. . HardingSupreme Court of North Carolina · 1915
- Thomas v. . ReavisSupreme Court of North Carolina · 1928
- Williams v. . LewisSupreme Court of North Carolina · 1912
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