Peck v. . Culberson
Supreme Court of North Carolina
Jurisdiction — Estoppel—Exemption— Vendor’s Lien. Civil action, tried before Merrimon, J., at Spring Term, 1889, of Cherokee Superior Court.
Read the full summary
Jurisdiction — Estoppel—Exemption— Vendor’s Lien. Civil action, tried before Merrimon, J., at Spring Term, 1889, of Cherokee Superior Court. This action was begun in the Superior Court, and plaintiff aslced judgment for $100 balance due on a note given for the purchase money of land, and that the land be condemned for the payment thereof.' The defendant answered, admitting purchase of the land and execution of the notes, but alleged a failure of consideration, in that the plaintiff had falsely and fraudulently represented that the title to the land was perfect, when he well knew it was not,…
1Opinion of the Court
This action was begun in the Superior Court, and plaintiff asked judgment for $100 balance due on a note given for the purchase money of land, and that the land be condemned for the payment thereof. The defendant answered, admitting purchase of the land and execution of the notes, but alleged a failure of consideration, in that the plaintiff had falsely and fraudulently represented that the title to the land was perfect, when he well knew it was not, and by reason of such defective title he had been damaged more than the $100 balance claimed on the purchase money, and set up a counterclaim.…
2Cases cited4 opinions
- Womble v. . BattleSupreme Court of North Carolina · 1844
- Simmons v. . SpruillSupreme Court of North Carolina · 1856
- Smith v. . HighSupreme Court of North Carolina · 1881
- Hinton v. . LewisSupreme Court of North Carolina · 1851
3Cited by2 opinions
- Smith v. AllenWashington Supreme Court · 1897
- New Hanover Shingle Mills v. SandersonSupreme Court of North Carolina · 1913