Smith v. . Pritchard
Supreme Court of North Carolina
Civil actioN, tried before Cline, J., at October Term, 1916, of ÁNSON. This is an action to subject tbe homestead of B. E. Pritchard to two judgments which the plaintiff claimed to own. The second judgment was adjusted. The defendant John L. Pritchard claimed to own individually the first judgment, and the only question at issue was whether this judgment was owned by the plaintiff or the defendant John L. Pritchard.
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Civil actioN, tried before Cline, J., at October Term, 1916, of ÁNSON. This is an action to subject tbe homestead of B. E. Pritchard to two judgments which the plaintiff claimed to own. The second judgment was adjusted. The defendant John L. Pritchard claimed to own individually the first judgment, and the only question at issue was whether this judgment was owned by the plaintiff or the defendant John L. Pritchard. There is no dispute as to the amounts due upon the judgments. On 12 April, 1906, plaintiff and defendant entered into the following agreement: This agreement of sale of land and…
1Per curiam
The exception to the refusal to enter a judgment of nonsuit at the conclusion of the plaintiff’s evidence was waived by the introduction of evidence by the defendant (Rev., sec. 539), and as there is neither allegation of fraud in procuring or executing the agreement of 17 February, 1908, nor allegation that any stipulation was omitted therefrom by mistake, the rights of the parties depend upon a construction of the two writings entered into by the plaintiff and the defendant.
The contract of 12 April, 1906, is an agreement on the part of the plaintiff to sell to the defendant J. L. Pritchard…
2Cases cited2 opinions
- Chemical Co. v. McNair.Supreme Court of North Carolina · 1905
- Lowe v. . WeatherleySupreme Court of North Carolina · 1838
3Cited by8 opinions
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- Grant v. Tallassee Power Co.Supreme Court of North Carolina · 1929
- Lee v. . PenlandSupreme Court of North Carolina · 1931
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