Cansler v. . Cobb
Supreme Court of North Carolina
Special ProceediN6, commenced, in the Probate Court of' Lincoln County and removed to and tried at. Eall Term, 1876., .of Catawba Superior Court, before Buxton, J. * The plaintiffs, creditors, filed a petition to sell the land of Henry Canslerl the inféstate, for assets to pay debts.
Read the full summary
Special ProceediN6, commenced, in the Probate Court of' Lincoln County and removed to and tried at. Eall Term, 1876., .of Catawba Superior Court, before Buxton, J. * The plaintiffs, creditors, filed a petition to sell the land of Henry Canslerl the inféstate, for assets to pay debts. The defendants who were in possession of the land filed an answer claiming title under a deed from Henry Cansler to his daughter, the feme defendant dated the 19th of March, 1869,. the consideration expressed therein being $3,000, and the quantity of land conveyed being estimated at 236 acres. The intestate was…
1Opinion of the CourtPeausoN, C. J.
“Hard cases are the quicksands of the law.”
If the grantor had died soon after the execution of the deed, the price would have been inadequate; but as he happened to live several years after the execution of the deed, the price paid by the grantee was a full one, and it seems hard that she should lose the land as she had paid a full price for it. Considerations of this nature ought not to be allowed to affect the right of the parties. So the case must be determined upon legal principles.
The grantor being greatly in debt after having his homestead and personal property exemptions assigned, was…
2Cited by6 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Tredwell v. . GrahamSupreme Court of North Carolina · 1883
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Cox v. Wall.Supreme Court of North Carolina · 1903
- Peoples Bank & Trust Co. v. MacKorellSupreme Court of North Carolina · 1928
1 more not listed; retrieve them via the Exa API.