Burden v. . Lipsitz
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at April Term, 1914/ of Beetle. Controversy submitted without action. The demand of plaintiff was for the purchase price of land which plaintiff had bargained to defendant, and defendant resisted payment on the ground that the title offered was defective. The Court being of opinion that the deed of John II.
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Appeal by defendant from Connor, J., at April Term, 1914/ of Beetle. Controversy submitted without action. The demand of plaintiff was for the purchase price of land which plaintiff had bargained to defendant, and defendant resisted payment on the ground that the title offered was defective. The Court being of opinion that the deed of John II. Burden, tendered to defendant, would convey a good title, entered judgment for the contract price, and defendant excepted and appealed. ■
1Opinion of the CourtHoke, J.
The title tendered was admitted to depend upon the construction of the will of John L. Burden, devising the lands covered by the deed to plaintiff, in terms as follows: “I give to my son, John Henry Burden, a fee-simple title to the tract of land on which I live, it being all the land I own, provided he has a child or children; but if he has no child, then I give him the said land during his life, and,to his widow if he leaves one surviving, during her widowhood, and then the said laud shall go in equal portions to my heirs at law as if I had made no will. And the said John H. Burden shall…
2Cases cited7 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Harrell v. . HaganSupreme Court of North Carolina · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Baugham v. . Trust Co.Supreme Court of North Carolina · 1921
- Buffaloe v. BlalockSupreme Court of North Carolina · 1950
- Patterson v. . McCormickSupreme Court of North Carolina · 1919
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