Poe v. W. F. Smith & Co.
Supreme Court of North Carolina
Civil actioN tried before Devin, J., and a jury, at November Term, 1915, of HabNETT. Tbe plaintiff declared on two causes of action, in tbe first of which be alleged that be was induced to buy certain land in Columbus County by tbe false and fraudulent representations of tbe defendants R. B. Lennon, ~W. F. Smith Company, and Hiram Baggett, for tbe price of $5,500, on which be paid $1,500, and for tbe balance of $4,000 gave bis two notes, each for $2,000, secured by…
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Civil actioN tried before Devin, J., and a jury, at November Term, 1915, of HabNETT. Tbe plaintiff declared on two causes of action, in tbe first of which be alleged that be was induced to buy certain land in Columbus County by tbe false and fraudulent representations of tbe defendants R. B. Lennon, ~W. F. Smith Company, and Hiram Baggett, for tbe price of $5,500, on which be paid $1,500, and for tbe balance of $4,000 gave bis two notes, each for $2,000, secured by mortgages; and, in tbe second, be alleged that Hiram Baggett, for himself and bis codefendants, bad agreed to buy tbe land from…
1Opinion of the Court
WahkeR, L,
after stating tbe case: Tbe nonsuit as to tbe W. F. Smith Company was properly allowed. It held a mortgage on tbe land, and in order that plaintiff might acquire a good and unencumbered title to tbe land from Lennon it was necessary that tbe Smith Company should either release its security, or lien upon it; or join in tbe conveyance; but we can see nothing in tbe record wbicb tends to connect it with any fraudulent transaction in connection with tbe matter. Tbe Smith Company merely agreed to the sale and conveyance to plaintiff subject to their prior lien, and received the first…
2Cases cited12 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Harding v. . LongSupreme Court of North Carolina · 1889
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Lehew v. Hewett.Supreme Court of North Carolina · 1905
- Perry v. . Insurance Co.Supreme Court of North Carolina · 1905
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3Cited by7 opinions
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- O'Briant v. . LeeSupreme Court of North Carolina · 1938
- Long v. U. S. Fidelity & Guaranty Co.Supreme Court of North Carolina · 1919
- Garris v. ScottSupreme Court of North Carolina · 1957
- Foster v. SneadSupreme Court of North Carolina · 1952
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