Henry v. . Hilliard
Supreme Court of North Carolina
Appeal from Cline, J., at tbe January Term, ,1911, of Haywood. Tbis is an action instituted a number of years ago by certain of tbe beirs of James E. Love, deceased, against W. L. Hilliard, tbe tben sole surviving executor of tbe last will and testament of said Love, by which will certain lands of tbe said Love, of which tbe land in question is a part, were devised to bis executors to be sold- and tbe proceeds divided among bis beirs at law.
Read the full summary
Appeal from Cline, J., at tbe January Term, ,1911, of Haywood. Tbis is an action instituted a number of years ago by certain of tbe beirs of James E. Love, deceased, against W. L. Hilliard, tbe tben sole surviving executor of tbe last will and testament of said Love, by which will certain lands of tbe said Love, of which tbe land in question is a part, were devised to bis executors to be sold- and tbe proceeds divided among bis beirs at law. Some time after tbe institution of tbe action, Hilliard died, whereupon all tbe beirs at law of tbe said Love were made parties, and E. D. Gilmer was…
1Opinion of the Court
AlleN, J.,
after stating the case. A single question is presented by this appeal, and that is, Can tbe vendee, under a parol contract in regard to land, after payment of tbe purchase price, compel tbe execution of a deed to him, when tbe statute of frauds is not pleaded, the contract is not denied, and there is no objection to the evidence? Tbe authorities seem to be uniform tbat tbe vendee is entitled to a conveyance under such circumstances.
In Oye., vol. 20, page 312, note 4, tbe decisions of tbe highest courts of sixteen States are cited in support of tbe text, tbat, “If be (tbe vendor)…
2Cases cited9 opinions
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Jordan v. Greensboro Furnace Co.Supreme Court of North Carolina · 1900
- Winders v. . HillSupreme Court of North Carolina · 1907
- Browning v. . BerrySupreme Court of North Carolina · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sprinkle v. PonderSupreme Court of North Carolina · 1951
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- Price v. . AskinsSupreme Court of North Carolina · 1937
- Herndon v. . R. R.Supreme Court of North Carolina · 1913
- Weant v. McCanlessSupreme Court of North Carolina · 1952
10 more not listed; retrieve them via the Exa API.