Holler v. . Richards
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1888, of the Superior Court of Caldwell County, before Clark, j. The plaintiff alleges in his complaint, that he bought the tract of land in controversy in this action at a judicial sale by a commissioner (or by assignment took the place of bidder), and had paid a portion of the purchase money (to-wit, a little more than one-half), when he agreed to sell the defendant the timber on said land, suitable for being sawed into timber, and that…
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Civil action, tried at Fall Term, 1888, of the Superior Court of Caldwell County, before Clark, j. The plaintiff alleges in his complaint, that he bought the tract of land in controversy in this action at a judicial sale by a commissioner (or by assignment took the place of bidder), and had paid a portion of the purchase money (to-wit, a little more than one-half), when he agreed to sell the defendant the timber on said land, suitable for being sawed into timber, and that defendant persuaded him to convey, by deed absolute, one undivided half of said land to him, defendant, by representing…
1Opinion of the CourtAvery, J.
(after stating the case). The issue and finding thereon were as follows:. “ Did defendant take deed for a half interest in the land, upon an agreement that he was to have all the timber on said land, and when it was cut off he would reconvey to plaintiff?” Answer, “ Yes.”
The judgment of the Court was, in substance, that William Richards holds title to one undivided half of the factory land (one hundred and three acres, described in the complaint), as trustee for Martin Holler, the plaintiff, and that said Richards forthwith execute and deliver to said Holler his deed conveying all the…
2Cases cited5 opinions
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Hemphill v. . HemphillSupreme Court of North Carolina · 1888
- Willis v. . BranchSupreme Court of North Carolina · 1886
3Cited by21 opinions
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- Cox v. . WardSupreme Court of North Carolina · 1890
- Hendry v. BirdWashington Supreme Court · 1925
- Weant v. McCanlessSupreme Court of North Carolina · 1952
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
16 more not listed; retrieve them via the Exa API.