Price v. Sykes
Supreme Court of North Carolina
From Halifax. IN EQUITY. The bill stated, that one Crawley, being seised in fee of the laud in dispute, bargained in 1805, with the Defendant Sykes, for the sale thereof at a stipulated price, which was secured- by the bonds of Sykes, and one Hawkins, as his surety, and also by retaining the titie of the land ; that he gave Sykes a bond to snake him a deed, when the purchase money should be paid, — that Sykes paid a part, and that in 1808, Crawley obtained against hisn and…
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From Halifax. IN EQUITY. The bill stated, that one Crawley, being seised in fee of the laud in dispute, bargained in 1805, with the Defendant Sykes, for the sale thereof at a stipulated price, which was secured- by the bonds of Sykes, and one Hawkins, as his surety, and also by retaining the titie of the land ; that he gave Sykes a bond to snake him a deed, when the purchase money should be paid, — that Sykes paid a part, and that in 1808, Crawley obtained against hisn and Hawkins a judgment for the residue of the pus-chase money ; that execution was issued and the land was sold, when Rhodam.…
1Opinion of the Court
Tatxor, Chief-Justice,
delivered the opinion of the Court:
Whether the Complainant had a legal title to the land for which he was sued, it is unnecessary to decide; because he was unable to establish It upon ifie trial at Law, in consequence of the destruction of the deed, which was *92effected by the fraudulent combination of Sykes and Isles-That ghes this Court jurisdiction, and his remedy is properly sought here. 'With respect to the. other thirty stores, Sykes was the equitable owner, and might, for a valuable consideration, assign his equitable title to Price, who, purchasing bona fule, could…
2Cited by3 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Dew v. . PykeSupreme Court of North Carolina · 1907
- Patterson v. Ramsey.Supreme Court of North Carolina · 1904