Strong v. . Glasgow
Supreme Court of North Carolina
The bill charged, that William Sheppard, the father of the complainant, being considerably indebted, with a view to make payment, came to an agreement with B. Sheppard, to convey to him a tract of land r for which B. Sheppard was to convey to W, Sheppard two other tracts, of inferior value by £800 ; to satisfy which cl if-ference, B. Shcppapd was to pay off all the debts, and jllt[e(llnify w, Sheppard from them.
Read the full summary
The bill charged, that William Sheppard, the father of the complainant, being considerably indebted, with a view to make payment, came to an agreement with B. Sheppard, to convey to him a tract of land r for which B. Sheppard was to convey to W, Sheppard two other tracts, of inferior value by £800 ; to satisfy which cl if-ference, B. Shcppapd was to pay off all the debts, and jllt[e(llnify w, Sheppard from them. That soon after the agreement, W. Sheppard died, and one of his credi-f tors obtained judgment aqd took out execution, which was levied on his slaves; and at the sale, B. Sheppard,…
1Opinion of the Court
By the Court.
This case is not influenced by the principles that decided the case of Streator v. Jones, (1 Murph. 449.) The complainants allege, that the Defendant, B. Sheppard, contrary to the agreement he had entered into, which was to purchase the property for the complainants, took an absolute deed to himselfi They were not privy to that deed, and of course not hound by it. They are therefore at liberty to produce parol evidence to establish the original contract.
2Cited by8 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Jones v. . JonesSupreme Court of North Carolina · 1913
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1926
- Wilson v. . JonesSupreme Court of North Carolina · 1918
3 more not listed; retrieve them via the Exa API.