Jones v. Balsley
Supreme Court of North Carolina
Appeal from Lyon, J., at August Term, 1910, of Guileokd. The plaintiff brought this action to recover damages for a breach of a covenant of warranty. T. E. Balsley, as executor of Jacob B. Balsley, on 26 February, 1898, in consideration of $3,600, executed a deed to the plaintiffs for a lot in the city of Greensboro, which is described in the complaint.
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Appeal from Lyon, J., at August Term, 1910, of Guileokd. The plaintiff brought this action to recover damages for a breach of a covenant of warranty. T. E. Balsley, as executor of Jacob B. Balsley, on 26 February, 1898, in consideration of $3,600, executed a deed to the plaintiffs for a lot in the city of Greensboro, which is described in the complaint. At the same time the defendants, referring to the said deed, covenanted with the plaintiffs, their heirs and assigns, “that the title to the property was vested in the said Jacob B. Balsley, and that the same is free from all encumbrances, and…
1Opinion of the Court
Walxee, J.,
after stating the case: When this case was first presented to us, we thought it would be necessary to decide whether the record in the original suit was evidence against the defendants in this case, either presumptive, prima facie, or conclusive, that the plaintiffs bad been ousted by a paramount title. It is alleged in the complaint that the plaintiffs in the suit of Watlington v. Jones recovered a judgment for a part of tbe land conveyed by the deed of T. E. Balsley, executor, to *64Jones -and Taylor, upon a title paramount to that which was conveyed by the deed of T. E. Balsley,…
2Cases cited13 opinions
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
- Culbreth v. Britt Corp.Supreme Court of North Carolina · 1949
- Gadsden v. George H. Crafts & Co.Supreme Court of North Carolina · 1918
- Leroy v. Pasquotank & North River Steamboat Co.Supreme Court of North Carolina · 1914
8 more not listed; retrieve them via the Exa API.