Hairston v. Bescherer.
Supreme Court of North Carolina
ActioN by Isbam Hairston against M. W. Bescberer, beard by Judge B. F. Long and a jury, at tbe August Term, 1905, of tbe Superior Court of Rowan. Plaintiff sues for specific performance of a contract for sale of real property.
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ActioN by Isbam Hairston against M. W. Bescberer, beard by Judge B. F. Long and a jury, at tbe August Term, 1905, of tbe Superior Court of Rowan. Plaintiff sues for specific performance of a contract for sale of real property. The facts as set forth in the pleadings and found by the jury are: Defendant entered into possession of the locus in quo during the year 1891, under a contract to purchase, and paid thereon $20. On April 13, 1895, upon a settlement had, it was found that- he owed a balance of $92. The parties thereupon entered into and executed a written agreement, plaintiff promising…
1Opinion of the Court
Connor, J.,
after stating the facts: It is well settled by numerous decisions of this court that when contracts of the character set out in the record are entered into, the relation established between the parties is in many respects similar to that of mortgagor -and mortgagee. The vendor .is treated as holding the legal title as security for the payment of the purchase money and upon failure to pay may proceed to have the land subjected by sale for that purpose. Derr v. Dellinger, 75 N. C., 300; Barnes v. McCullers, 108 N. C., 46. When the vendee remains in possession and the vendor takes no…
2Cases cited7 opinions
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Holden v. . PurefoySupreme Court of North Carolina · 1891
- Derr v. . DellingerSupreme Court of North Carolina · 1876
- Scarlett v. . HunterSupreme Court of North Carolina · 1856
- Den Ex Dem. of McRee v. AlexanderSupreme Court of North Carolina · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Love v. United StatesDistrict Court, E.D. North Carolina · 1994