Tucker v. . Markland
Supreme Court of North Carolina
This was an issue, joined in a Special ProceediNg for Partition before the Clerk, tried before Clark, J., at Spring Term, 1888, of Davie Superior Court. Upon the trial it was admitted by the parties that Mary Markland died, intestate, in the year 1876, seized in fee simple of the lands in controversy.
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This was an issue, joined in a Special ProceediNg for Partition before the Clerk, tried before Clark, J., at Spring Term, 1888, of Davie Superior Court. Upon the trial it was admitted by the parties that Mary Markland died, intestate, in the year 1876, seized in fee simple of the lands in controversy. Mary Markland left surviving her Matthew Markland and Louisa Tucker, the plaintiffs, and Paulina Markland, the heirs-at-law of John Markland, a deceased son, who are defendants in this proceeding, and George Markland, another son, who, since the death of his mother, Mary, has also died…
1Opinion of the CourtMerrimon, J.
The first exception is groundless. The parol contract in question, as to proof of its existence, for the purposes of this action, stood on the like footing as other ordinary contracts. It was sufficient to prove, by a preponderance of evidence, that it was in fact made, and, if so, the purchaser could insist upon such relief as in equity he might be entitled to have. There was nothing in the relation of the parties, nor were there considerations of policy or conscience that rendered it necessary that the consideration paid for the land should be “full and fairelse the purchaser must lose what…
2Cases cited4 opinions
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Cade v. . DavisSupreme Court of North Carolina · 1887
- Isler v. . KoonceSupreme Court of North Carolina · 1880
- Syme v. . SmithSupreme Court of North Carolina · 1885
3Cited by21 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Luton v. Badham.Supreme Court of North Carolina · 1900
- Boles v. Caudle.Supreme Court of North Carolina · 1903
- Packard v. . SmartSupreme Court of North Carolina · 1944
- Packard v. SmartSupreme Court of North Carolina · 1944
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