Holmes v. Crowell
Supreme Court of North Carolina
This was a pbtitioN to sell lands for Partition, filed in the Probate Court of Stanly count}', thence transferred to Stanly Superior Court, from which it was removed on the affidavit of defendant to the Superior Court of UnioN County, and there tried before his Honor, Judge Buxton, and a jury, at Fall Term, 1874. The following is the case, as substantially settled by the Judge presiding, t'he counsel for the parties litigant being unal le to agree upon the facts.
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This was a pbtitioN to sell lands for Partition, filed in the Probate Court of Stanly count}', thence transferred to Stanly Superior Court, from which it was removed on the affidavit of defendant to the Superior Court of UnioN County, and there tried before his Honor, Judge Buxton, and a jury, at Fall Term, 1874. The following is the case, as substantially settled by the Judge presiding, t'he counsel for the parties litigant being unal le to agree upon the facts. The land sought to be divided was known as “ The Thomas Hearne gold mine tract,” and was situate in Stanly counfy. The petition was…
1Opinion of the CourtReade, J.
When the defendant Crowell paid the Clerk and Master for the land in question, which was bid off by Pen-nirgton for himself and the defendant and others, under the agreement set forth, it invested the defendant with the equitable title,' the legal title being in Pennington by reason of his having bid off the land and taken the deed to himself. And when Pennington made the defendant a deed to one half interest,. and an obligation to convey the other half, it vested in the defendant the legal title to one half, and the equitable title to the other half. And when Pennington bought the widow’s…
2Cited by14 opinions
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