Vann v. . Newsom
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1891, of Hertford Superior Court, before Brown, J. The complaint states that the plaintiff’s testator, Joseph Newsom, died in 1886, and that by section 4 of his will he devised to the defendant John F. Newsom the tract of land whereon he lived, in Hertford County, charged with the sum of $400, with interest from May 31st, 1884, to be paid in a reasonable time after the death of the testator, and that the defendant claims and occupies the…
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Civil action, tried at Fall Term, 1891, of Hertford Superior Court, before Brown, J. The complaint states that the plaintiff’s testator, Joseph Newsom, died in 1886, and that by section 4 of his will he devised to the defendant John F. Newsom the tract of land whereon he lived, in Hertford County, charged with the sum of $400, with interest from May 31st, 1884, to be paid in a reasonable time after the death of the testator, and that the defendant claims and occupies the same under the will, but has failed and refused to pay the said sum charged upon it after demand by plaintiff. Wherefore,…
1Opinion of the Court
Avery, J.:
“Where a plaintiff declares upon a verbal contract void under the statute of frauds, and the defendant either denies that he made the contract, or sets up another and a different agreement, or admits the oral agreement and pleads specially the statute, the plaintiff cannot recover.” Browning v. Berry, 107 N. C., 231; Morrison v. Baker, 81 N. C., 76 ; Young v. Young, Ibid., 91; Gulley v. Macy, 84 N. C., 434; Bonham v. Craig, 80 N. C., 224; Holler v. Richards, 102 N. C., 545; Cox v. Ward, 107 N. C., 507; Dunn v. Moore, 3 Ired. Eq., 364. When equitable relief could not be granted in…
2Cases cited14 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Cox v. . WardSupreme Court of North Carolina · 1890
- Gulley v. . MacYSupreme Court of North Carolina · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Weant v. McCanlessSupreme Court of North Carolina · 1952
- Union Central Life Insurance v. CordonSupreme Court of North Carolina · 1935
- North v. . BunnSupreme Court of North Carolina · 1898
- Grimes v. . GuionSupreme Court of North Carolina · 1942
3 more not listed; retrieve them via the Exa API.