Prater v. . Miller
Supreme Court of North Carolina
'i 1 From Rutherford. j The bill set forth, that about ten years prior to the filing thereof, the complainant contracted with the defendant for the purchase of a tract of land at the price of two dollars per acre, to be conveyed when the complainant should pay for the same.
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'i 1 From Rutherford. j The bill set forth, that about ten years prior to the filing thereof, the complainant contracted with the defendant for the purchase of a tract of land at the price of two dollars per acre, to be conveyed when the complainant should pay for the same. At the time of the contract, it was agreed between .the parties that the complainant should take so much of the laud as he might afterwards find he had the ability to pay for, and complainant went into possession of the tract, and clearing about thirty acres, improved the same with buildings, an orchard, &c. The…
1Opinion of the Court
I am unwilling to dismiss this bill, because I think it states a strong ground of equity, and whatever uncertainty there is as to the number of acres, or the amount of the plaintiff's account, may be reduced to a certainty by a survey and by a reference to the clerk. It is a circumstance entitled to weight that the plaintiff has been allowed to remain in possession for so great a length of time, and to make improvements. The bill is not drawn with sufficient precision, but I think it should go to a hearing.
And of this opinion were the rest of the Court; and now on the hearing:
2Cited by1 opinion
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