Lawson v. . Pringle
Supreme Court of North Carolina
Civil ACTION, begun before a Justice of the Peace and tried upon appeal before Gilmer, Judge, at Fall Term, 1887, of Stokes Superior Court. The plaintiff, as administrator of Pleasant Pringle, and under license from the proper Court, sold a tract of land to the defendant, in order to make assets, for the sum of two hundred and sixty dollars.
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Civil ACTION, begun before a Justice of the Peace and tried upon appeal before Gilmer, Judge, at Fall Term, 1887, of Stokes Superior Court. The plaintiff, as administrator of Pleasant Pringle, and under license from the proper Court, sold a tract of land to the defendant, in order to make assets, for the sum of two hundred and sixty dollars. ITe took no note or security therefor, inasmuch as the purchaser held a claim against the intestate’s estate for two hundred and twenty dollars, and was further, as distributee, entitled to a share therein of the value of ten dollars and sixty-four cents,…
1Opinion of the Court
Smith, C. J.,
(after stating the case). 'In a Court of law an acknowledgment of payment of the consideration by the bargainor in his deed, is a bar to a recovery of any part of it, as decided in Lowe v. Weatherby, 4 D. & B., 212; Mendenhall v. Parish, 8 Jones, 105; Hudson v. Critcher, Ibid., 485, and in other cases.
But in equity the estoppel may be put out of the way upon clear proof of mutual mistake, and the money due decreed to be paid. Wesson v. Stephens, 2 Ired. Eq., 557.
The only question brought up by the appeal is as to the correctness of the ruling of the Court that the plaintiff’s…
2Cases cited4 opinions
- Ponton v. . Griffin, Bro. Co. .Supreme Court of North Carolina · 1875
- Whitaker v. . ElliottSupreme Court of North Carolina · 1875
- Fox v. . BrooksSupreme Court of North Carolina · 1883
- Brodie v. . BatchelorSupreme Court of North Carolina · 1876
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