Gordon v. . Collett
Supreme Court of North Carolina
This was a civil ACTION, tried before Merrimon, J., at Fall Term, 1890, of Burice Superior Court. The same cause has been twice before in this Court — 102 N. C., 532, and 104 N. C., 381 — in the first of which cases the facts are fully stated.
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This was a civil ACTION, tried before Merrimon, J., at Fall Term, 1890, of Burice Superior Court. The same cause has been twice before in this Court — 102 N. C., 532, and 104 N. C., 381 — in the first of which cases the facts are fully stated. The plaintiff offered in evidence, inter alia, the note of memorandum of a contract between Mrs. M. C. Avery and Austin Collett, which is set out in the former report of this case in 102 N. C., 532. . The defendant Rufus Avery objected to the introduction in evidence of this instrument on the ground that it -was not a sufficient note or memorandum of a…
1Opinion of the Court
Clark, J.:
There are two exceptions stated—
1. The Court below held that the note, or memorandum, between M. C. Avery and Austin Collett was not sufficient, under the statute of frauds. When this case was first here, 102 N. C., 532, the same point was presented, and this Court held that the memorandum was “a sufficient compliance wi th the statute.” The question is res judicata. We must presume that the attention of his Honor was not called to the decision heretofore made by the Court.
2. The probate of the mortgage executed by Collett to plaintiff was in due form, of date of August 22d, 1887,…
2Cases cited4 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Tatom v. . WhiteSupreme Court of North Carolina · 1886
- Gordon v. . CollettSupreme Court of North Carolina · 1889
3Cited by9 opinions
- Summer v. MitchellSupreme Court of Florida · 1892
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Nobles v. . DavenportSupreme Court of North Carolina · 1923
- Williams v. . KerrSupreme Court of North Carolina · 1893
- Weston v. J. L. Roper Lumber Co.Supreme Court of North Carolina · 1912
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