Barcello v. . Hapgood
Supreme Court of North Carolina
Civil. ACTION, tried before Timberlake, J., at Spring-Term, 1985, EmtKE Superior Court. The action was brought to rescind a contract to purchase land, because of alleged defects in the title of the vendor, and recover the portion of the purchase-money already paid. i The tracts of land covered by the contract to convey consist of one three-hundred-acre tract, one twenty-two- and-one-half-acre tract, one one-hundred-acre tract, one seventy-eight-and-one-tliird-aere tract, and…
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Civil. ACTION, tried before Timberlake, J., at Spring-Term, 1985, EmtKE Superior Court. The action was brought to rescind a contract to purchase land, because of alleged defects in the title of the vendor, and recover the portion of the purchase-money already paid. i The tracts of land covered by the contract to convey consist of one three-hundred-acre tract, one twenty-two- and-one-half-acre tract, one one-hundred-acre tract, one seventy-eight-and-one-tliird-aere tract, and one eight-acre tract. There was no dispute as .to the seventy-eight-and-one-third-acre tract, or the…
1Opinion of the Court
Avery, J.:
The action was brought to rescind a certain contract whereby the defendant Hapgood covenanted to convey to the plaintiff, Francis A.Barcello, 550 acres of land in Burke county known as “ Hancock Gold Mine,” on account of defect of defendant’s title, and for the recovery of two thousand dollars, purchase-money, already paid ■by the plaintiff and the amount expended in improvements on the land, less the profit realized from working a gold mine thereon. The defendant denied the allegations. The controversy has narrowed down to the question whether the defendant could make a good title…
2Cases cited18 opinions
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- England v. . GarnerSupreme Court of North Carolina · 1884
- State v. Georgia Co.Supreme Court of North Carolina · 1893
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Card v. Finch.Supreme Court of North Carolina · 1906
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Graham v. . FloydSupreme Court of North Carolina · 1938
- Graham v. FloydSupreme Court of North Carolina · 1938
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