Cameron v. . Mason
Supreme Court of North Carolina
Cause transmitted by consent to the Supreme Court from the Court of Equity of Cumberland County, at the Spring Term 1851. In 1842 the plaintiff sold to the defendant Mason apiece 1 of land in fee for $700, payable in three annual instalments, for which the purchaser gave his three promisory notes. In a few months afterwards the plaintiff let Mason into possession and made him a deed, and the latter then agreed to give new notes with sureties for the price in some short time.
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Cause transmitted by consent to the Supreme Court from the Court of Equity of Cumberland County, at the Spring Term 1851. In 1842 the plaintiff sold to the defendant Mason apiece 1 of land in fee for $700, payable in three annual instalments, for which the purchaser gave his three promisory notes. In a few months afterwards the plaintiff let Mason into possession and made him a deed, and the latter then agreed to give new notes with sureties for the price in some short time. In December 1842, and March 1843, Mason made payments to the amount of nearly $200, on the first instalment. But he…
1Opinion of the Court
Ruffin, C, J.
It is not necessary to consider the answers, as, upon the authority of Womble v. Battle, 3 Ire. Eq. 182, the bill is insufficient upon its face, as far as it seeks to set up an equitable lien for the purchase money. This bill was filed before that decision; but in that aspect it is fully answered by i't The Counsel, however, contended; that there were circumstances to establish a pre-contract or collusion between the defendants, to the effect, that Mason should make the purchase for the purpose of conveying to McCormick at a less price, so that thereby McCormick might get the…
2Cited by1 opinion
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