Wood v. Tinsley.
Supreme Court of North Carolina
ActioN by T. S. Wood and another against Pearce Tins-ley, heard by Judge Thomas J. Shaw and a jury, at the August Term, 1904, of the Superior Court of TeaNsyuvaNia County. This was an action for the recovery of land. The plaintiffs alleged that they are the owners of the land described in the complaint and that the defendant was in the wrongful possession thereof.
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ActioN by T. S. Wood and another against Pearce Tins-ley, heard by Judge Thomas J. Shaw and a jury, at the August Term, 1904, of the Superior Court of TeaNsyuvaNia County. This was an action for the recovery of land. The plaintiffs alleged that they are the owners of the land described in the complaint and that the defendant was in the wrongful possession thereof. The defendant by way of answer alleged that prior to December 1, 1893 one W. L. Lankford was the owner in fee of the land described in the complaint and contracted in parol to sell the land to the defendant, with the exception of…
1Opinion of the Court
Connor, J.,
after stating the facts: The 'sole question presented by the defendant’s exception is whether, since the Act of 1885, Oh. 147, one going into possesion of land under a parol contract to convey, paying a part or all of the purchase money and making improvements thereon, can resist an action for the possession by a purchaser for value from the vendor, until he has paid the amount expended for purchase money and improvements. Chapter 147 enacts that “No conveyance of land, nor contract to convey, nor lease for more than three years, shall be valid at law to pass any property as…
2Cases cited14 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Luton v. Badham.Supreme Court of North Carolina · 1900
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