Hinton v. . Hicks
Supreme Court of North Carolina
Appeal from Justice, J., at tbe March Term, 1911, of OamdeN. At conclusion of tbe evidence motion to nonsuit was sustained. Plaintiff excepted and appealed. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Brown.
1Opinion of the CourtBeowN, J.
Tbe plaintiff’s evidence tends to prove these facts: In November, 1907, D. E. Williams and W. T. Stafford agreed to sell to G-. W. Hicks tbe tract of land described in tbe pleadings; a deed was prepared by Williams and Stafford for tbe purpose of conveying to Hicks the said lands, and tbe mortgage to secure tbe purchase price was also- prepared. Both instruments were dated 8 November, 1907. Tbe evidence shows that Stafford was out of tbe State at tbe time tbe contract to sell was made, and Williams held tbe deed until Stafford’s return, when on 2 December, 1907, they both signed and…
2Cases cited3 opinions
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