Faw v. Whittington
Supreme Court of North Carolina
Oiyil Action, tried before Cloud, J., at August (Special) Term, 1874, Wilkes Superior Court. The only issue submitted to the jury \ ,is, Did Absalom Eaw or the plaintiffs abandon or renounce the right to redeem t,he land described in the complaint.” There was evidence tending to show an abandonment, bn<" no written evidence of any renunciation or abandonment.
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Oiyil Action, tried before Cloud, J., at August (Special) Term, 1874, Wilkes Superior Court. The only issue submitted to the jury \ ,is, Did Absalom Eaw or the plaintiffs abandon or renounce the right to redeem t,he land described in the complaint.” There was evidence tending to show an abandonment, bn<" no written evidence of any renunciation or abandonment. The plaintiff asked the Court to instruct the jury “ that the right to redeem was an interest in land, and could not be renounced or abandoned, surrendered or transferred by Absalom Eaw, or plaintiffs, except by some writing.” The Court…
1Opinion of the CourtByhum, J.
So long as a contract foi the sale of land remains executory, either party to it has the right to enforce a specific performance of it against the other; and when such performance of the contract would be decreed against the original parties to it, it will be decreed between all claiming under them, if there are no intervening equities, controlling the case. If therefore Absalom Faw, the original party, could have called for a conveyance of the land from the defendent, then his heirs and widow, who are the plaintiffs in this action, and as such clothed with his rights, are entitled to the…
2Cited by46 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
- May v. Getty.Supreme Court of North Carolina · 1905
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Harper v. . BattleSupreme Court of North Carolina · 1920
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