Wimbish Co. v. . Miller .
Supreme Court of North Carolina
This was a CONTROVERSY, submitted without action, to Oan-non, J., and by him heard at Chambers in Jackson county upon the following facts : The parties to this action agree to the following statement of facts, and submit them to the Court for its judgment thereon.
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This was a CONTROVERSY, submitted without action, to Oan-non, J., and by him heard at Chambers in Jackson county upon the following facts : The parties to this action agree to the following statement of facts, and submit them to the Court for its judgment thereon. On the 16th day of Eebruary, 1865, the defendant, C. C. Miller, purchased from one Woodford Zachary ten thousand two hundred and sixty nine acres of land situated in Jackson county, at the price of thirty thousand, eight hundred and seven dollars, Confederate money, and paid down, in Confederate money, eleven thousand two hundred…
1Opinion of the CourtRodmaxx, J.
The several acts of Assembly on the subject of debts contracted during the war, which are too familiar to need any special reference, and the numerous decisions of this Court on the meaning of those acts, establish this rule: If the consideration for the promise to pay, was property purchased by the debtor, the vendor is entitled to recover the value of the pi’operty at the date of the sale, in gold, or its equivalent in the legal tender of the United States. Robeson v. Brown, 63 N. C. Rep., 554.
If a part of the price was paid in Confederate money, such payment is to be deducted at its…
2Cases cited1 opinion
- Robeson, Adm'r, C. v. . Brown and AnotherSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Duke v. . WilliamsSupreme Court of North Carolina · 1881