Legal Opinion

Bain v. . Bain

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 2 opinions

This was a civil action, tried before Connor, J., at November Term, 1887, of Cumberland Superior Court, On the trial certain testimony offered by the plaintiff was excluded, whereupon plaintiff submitted to a nonsuit. Afterwards the Court directed the judgment of nonsuit to be stricken out and the case to be reinstated for trial, and the defendant appealed. The facts appear in the opinion.

1Opinion of the Court

Davis, J.:

The allegations of the complaint, so far as material to the question now before us, are, substantially, that on the 8th day of April, 1844, the defendant executed to John Bain, Sr., the intestate of the plaintiff, a bond for the sum of $500, with certain conditions attached, which is made part of the complaint. That, on the same day that the bond was executed, the said John Bain executed to the defendant a deed in fee-simple, conveying to him the land set out in the complaint. That said deed, though absolute on its face, was made with the “express understanding and agreement” that…

2Cases cited1 opinion

  1. Thornton v. . LambethSupreme Court of North Carolina · 1889

3Cited by2 opinions

  1. Serkowich v. WardellCourt of Appeals for the D.C. Circuit · 1938
  2. Whitaker v. WrightSupreme Court of Florida · 1929

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