Clanton v. . Burges
Supreme Court of North Carolina
This bill was filed in Halifax, and alleged, that in the year 1825, the defendant offered to sell the plaintiff a tract of land, to which he represented that he had a good title in fee : that the plaintiff confiding in these representations, purchased the land at the price of §1240: shat the defendant executed to him a deed in fee, with a covenant for quiet enjoyment, and the plaintiff gave his bond to secure the purchase money ; that, in truth, the defendant had not an…
Read the full summary
This bill was filed in Halifax, and alleged, that in the year 1825, the defendant offered to sell the plaintiff a tract of land, to which he represented that he had a good title in fee : that the plaintiff confiding in these representations, purchased the land at the price of §1240: shat the defendant executed to him a deed in fee, with a covenant for quiet enjoyment, and the plaintiff gave his bond to secure the purchase money ; that, in truth, the defendant had not an estate in fee-simple in the land : ihat he claimed under one William W. Mston and Mary ids wife, who, after their marriage,…
1Opinion of the Court
RurETN, Judge.
The defects of the title complained of consist in the want of a privy examination of .Airs. Alston to the deed to Burges,so that-it passed only the estate for life of her husband; and in the trust created by that deed. in favor of Mrs. Mston, and to her separate use during her life, and after her death for her issue. Pending this suit, Mston and wife have duly executed a deed to the plaintiff himself in fee, which has been filed in the cause by the defendant, for the use of the plaintiff. The bill does not charge any fraud on the paid of the defendant. It alleges, indeed, that…
2Cited by5 opinions
- Carter Coal Co. v. LitzDistrict Court, W.D. Virginia · 1943
- Battery Park Bank v. LoughranSupreme Court of North Carolina · 1898
- Rainey v. . HinesSupreme Court of North Carolina · 1897
- Leach v. . JohnsonSupreme Court of North Carolina · 1894
- MacFarland v. HanesDistrict Court, E.D. North Carolina · 1923