Pugh v. . Brittain
Supreme Court of North Carolina
This bill was originally filed in Bertie, and alleged that the plaintiff and his brother Augustine Pugh, being possessed of a term for years in a tract of land called the Briery Pocoson, contracted to sell it to William W, Johnston for $ 2400. That before the purchase money was paid, Johnston died, having appointed the defendant his executor — that at the sale of Johnston’s effects, the plaintiff mentioned to the defendant the contract of sale, and the amount due him by…
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This bill was originally filed in Bertie, and alleged that the plaintiff and his brother Augustine Pugh, being possessed of a term for years in a tract of land called the Briery Pocoson, contracted to sell it to William W, Johnston for $ 2400. That before the purchase money was paid, Johnston died, having appointed the defendant his executor — that at the sale of Johnston’s effects, the plaintiff mentioned to the defendant the contract of sale, and the amount due him by Johnston, who induced him to purchase to the amount of the debt, upon an agreement that the debt due the plaintiff should be…
1Opinion of the Court
Háxi, Judge.
A replication has been filed in this case to the defendant’s answer; and the'cause is put down for hearing upon the bill, ■answer and survey. The case can therefore be decided for the plaintiffs, only upon the facts which the defendant admits, as responsive to the allegations of the bill. It is therefore important, that those-facts or admissions should be well understood.
His Honor then stated the. substance of the answer as given ahoye, and proceeded: It is therefore the opinion of the defendant, that the plaintiff conveyed land to him, which neither he nor his brother believed…
2Cited by1 opinion
- Maxwell v. Wayne National BankSupreme Court of North Carolina · 1918