McNair v. Pope
Supreme Court of North Carolina
Civil ACTION, tried beforé GlarJc, J., and a jury, at January Term, 1887, of RobesoN Superior Court. Duncan McNair being indebted to John McCallum in a considerable sum, for which he had given his notes to assure and provide for the payment thereof, on January 20th, 1869, conveyed by deed of mortgage to the latter three several tracts of land, containing in the aggregate more than eleven hundred acres, and conferring a right to sell in case the debts were not paid on or…
Read the full summary
Civil ACTION, tried beforé GlarJc, J., and a jury, at January Term, 1887, of RobesoN Superior Court. Duncan McNair being indebted to John McCallum in a considerable sum, for which he had given his notes to assure and provide for the payment thereof, on January 20th, 1869, conveyed by deed of mortgage to the latter three several tracts of land, containing in the aggregate more than eleven hundred acres, and conferring a right to sell in case the debts were not paid on or before the first day of January, 1874. Early in the year 1871, the said McCallum died, having made a will, wherein he…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). In Mulholland v. York, 82 N. C., 510, it is held, that where one purchases land at an execution sale, under a verbal agreement with the debtor whose land is sold, that 'he shall be allowed to redeem on payment of the purchase money, a valid trust is created between the parties which will be enforced, and the authorities are, in the opinion, freely examined and discussed, and the reasons in support of the principle stated. The same rule is held applicable to a sale under a deed in trust of the debtor’s laud, in Tankard v. Tankard, 84 N. C., 286, and is…
2Cases cited6 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Gidney v. . MooreSupreme Court of North Carolina · 1882
- Tankard v. . TankardSupreme Court of North Carolina · 1881
- Cheek v. . WatsonSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Hamilton v. BuchananSupreme Court of North Carolina · 1893
- Wilson v. BrownSupreme Court of North Carolina · 1904
- Faison v. . HardySupreme Court of North Carolina · 1894
5 more not listed; retrieve them via the Exa API.