Utley v. . Foy
Supreme Court of North Carolina
Civil actioN, tried before Buxton, J., at Spring Term, 1873, of CumbeelaND Superior Court. The material facts of the case are: In October, 1862, the defendants executed a penal bond in the sum of $20,000, payable to John A. Williams, conditioned to make title to him, for 747 acres of land in Cumberland county, (which land had descended to the defendants on the death of their ancestor, Stewart Devane,) 'Williams agreeing to pay therefor $10,000, the payment secured by notes…
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Civil actioN, tried before Buxton, J., at Spring Term, 1873, of CumbeelaND Superior Court. The material facts of the case are: In October, 1862, the defendants executed a penal bond in the sum of $20,000, payable to John A. Williams, conditioned to make title to him, for 747 acres of land in Cumberland county, (which land had descended to the defendants on the death of their ancestor, Stewart Devane,) 'Williams agreeing to pay therefor $10,000, the payment secured by notes due 1st April, 1863, 1864, 1865 and 1866. The notes for the purchase money were all paid in Confederate money, and on the…
1Opinion of the CourtRodmaN, J.
1. There is nothing in the first exception of the defendants. Before C. C. P. choses in action were not as signable at law, but in equity they were. Since the adoption of the Code, an action must be brought by the real party in interest. The-plaintiffs as assignees are entitled to sue.
2. As to the right to be allowed the counter-claim. In October, 1862, the defendants and William T. Devane, being tenants in common of certain lands, (Foy and Wright in right of their wives,) entered into a bond to- John A. Williams, conditioned to be void, if they should convey to him a good title of the land.…
2Cited by9 opinions
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- State v. . BurgwynSupreme Court of North Carolina · 1882
- McBryde v. . PattersonSupreme Court of North Carolina · 1875
- Paschall v. . BullockSupreme Court of North Carolina · 1879
- Mason v. . PelletierSupreme Court of North Carolina · 1880
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