May v. . Hanks
Supreme Court of North Carolina
Bill, for specific performance, &c., filed to Fall Term 1863 of the Court of Equity for Chatham, and at Fall Term 1866, set for hearing upon pleadings and proofs, and transmitted to this court.
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Bill, for specific performance, &c., filed to Fall Term 1863 of the Court of Equity for Chatham, and at Fall Term 1866, set for hearing upon pleadings and proofs, and transmitted to this court. The facts were that in 1856 the plaintiff bought of Mr. Rencher the land mentioned in the pleadings, at the price of $443.60, for which he executed to Rencher his note, and thereupon took from him a bond to make title on payment of the purchase money; that afterwards, in November 1856, the plaintiff having failed to pay the purchase money, and it being necessary for Mr. Rencher to be absent from the…
1Opinion of the CourtPearson, C. J.
(After stating the facts as above,) The defendant William C. Burke had notice, either express or by having his attention called to such facts and circumstances as ought to have put any prudent and conscientious man upon inquiry, so that he is affected with notice.
The plaintiff is entitled to compensation from Planks for the breach of trust, if he is able to make it, and'also from the other defendants Harman H. Burke and Mili kin, for the aid and countenance given by them to Hanks; and also has an equity to follow the land into the hands of. the other defendant AV. C. Burke, and call for a…
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