Luton v. Badham.
Supreme Court of North Carolina
Civil ActioN by Margaret Luton, administratrix, against Hannibal Badbam, beard by Judge A. L. Coble, at Spring Term, 1900, of Chow aw Superior Court. Erom a judgment of nonsuit, tbe plaintiff appealed.
1DissentDouglas, J.
I can not concur in the judgment of the Court, because it seems to me to fiy in the teeth of the statute of frauds. This statute, originally St. 29 Car. II. c. 3, sec. 2, now sec. 1554 of The Code, reads as follows: “All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them shall be void and of no effect, unless such contract or some memorandum or note thereof shall be put in writing and signed by the party to be charged therewith or by some other person by him thereto lawfully authorized.” The avowed purpose of this statute, as originally…
2Cases cited11 opinions
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Tucker v. . MarklandSupreme Court of North Carolina · 1888
- McCracken v. . McCrackenSupreme Court of North Carolina · 1883
- Dunn v. . MooreSupreme Court of North Carolina · 1844
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