Love v. . Welch
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, and a jury, at Fall Term, 1886, of Haywood Superior Court. This action, begun on the 12th day of February, 1885, by two of the four executors of James R. Love, of the others, one having died, and the other became insane since their •qualification, to whom’were afterwards added the other plaintiffs, (the heirs at law and devisees of the testator, and the husbands of such as were married,) is to have declared null certain deeds for…
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Civil action, tried before Avery, Judge, and a jury, at Fall Term, 1886, of Haywood Superior Court. This action, begun on the 12th day of February, 1885, by two of the four executors of James R. Love, of the others, one having died, and the other became insane since their •qualification, to whom’were afterwards added the other plaintiffs, (the heirs at law and devisees of the testator, and the husbands of such as were married,) is to have declared null certain deeds for land, bearing the signature and seal of the testator, alleged to have been delivered to the defendant without authority from…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). It is to be observed, that the defendant has never entered into a written contract to bind himself to pay for the land, and this is as necessary to impose an obligation on the vendee as it is upon the vendor. It is only required by the statute that the written instrument be signed by the party to be charged, or some one authorized on his behalf, and hence one may be bound and the other not by the contract. It is so ruled in Mizell v. Burnett, 4 Jones, 249, in which PeahsoN, J., delivering the opinion, says: “If one agrees in writing to convey land, in…
2Cases cited2 opinions
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Herren v. . RichSupreme Court of North Carolina · 1886
3Cited by10 opinions
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Warner v. W & O, INCORPORATEDSupreme Court of North Carolina · 1964
- Durham Consolidated Land & Improvement Co. v. GuthrieSupreme Court of North Carolina · 1895
- Holden v. . PurefoySupreme Court of North Carolina · 1891
- Rudisill v. . WhitenerSupreme Court of North Carolina · 1907
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