Barnhardt v. . Smith
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Cabarrus Superior Court, before Eure, J. The defendants appealed from the judgment of the court below.
1Opinion of the CourtSmith, C. J.
Daniel Barnhardt, stricken with paralysis and confined to his bed for three years before his death in February, 1879, on the 15th day of September, 1877, executed to the defendant, W. A. Smith, a penal bond in the sum of $8,000, with condition to be void if upon the payment of $4,000, the purchase money of the tract of land therein described, he should convey the same to the vendee according to the terms of their agreement in regard thereto. On September 16th, 1878, the said Smith assigned the title bond to his wife, the defendant, E. C. Smith, alleged to be a free-trader.
Subsequently the…
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