Derr v. . Dellinger
Supreme Court of North Carolina
■ Civil ActioN, in the nature of Ejectment, tried before BuxtoN, J., at Spring Term, 1876, of LINCOLN Superior Court. The plaintiff filed a complaint in the ordinary form against the defendants to recover the possession of the locus in quo. Mrs. Hettie Smith, one of the defendants, filed an answer, alleging that the focus in quo was the property of herself and .T.
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■ Civil ActioN, in the nature of Ejectment, tried before BuxtoN, J., at Spring Term, 1876, of LINCOLN Superior Court. The plaintiff filed a complaint in the ordinary form against the defendants to recover the possession of the locus in quo. Mrs. Hettie Smith, one of the defendants, filed an answer, alleging that the focus in quo was the property of herself and .T. F. Dellinger, and that the other defendants were her tenants, and she claims title thereto, as follows : That by a deed, dated January 15th, 1859, executed by J. F. & R. D. Johnson, the plaintiff obtained title to, and possession…
1Opinion of the CourtPearson, C. J.
The legal effect of a contract of sale and a bond for title in pursuance thereof, is to create an equitable estate in. the vendee, leaving the legal estate in the vendor in trust to secure the payment of the purchase money, and then in trust to convey to the vendee.
In our case Dellinger had the equitable estate, and the question is, what has become of it ? How has it been lost and annihilated, as is assumed to be the fact, by the rejec tion of tbe evidence tending to show at one time it had an existence? We do not concur in the view taken of this case by his Honor.
The question recurs, how has…
2Cited by11 opinions
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- Chandler v. . CameronSupreme Court of North Carolina · 1948
- Beeson v. . SmithSupreme Court of North Carolina · 1908
- Barnes v. . McCullersSupreme Court of North Carolina · 1891
- Barnes v. McCullersSupreme Court of North Carolina · 1891
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