Malloy v. . Acheson
Supreme Court of North Carolina
Civil actioN, tried before Finley, J., and a jury, at November Term, 1919, of BuNcombe. Tbis action was brought in the court below for the purpose of enforcing specific performance of a written contract entered into by the parties to this action, under which defendant agreed to purchase from the plaintiff certain real estate in the city of Asheville, and the plaintiff agreed to convey the same to the defendant absolutely in fee simple.
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Civil actioN, tried before Finley, J., and a jury, at November Term, 1919, of BuNcombe. Tbis action was brought in the court below for the purpose of enforcing specific performance of a written contract entered into by the parties to this action, under which defendant agreed to purchase from the plaintiff certain real estate in the city of Asheville, and the plaintiff agreed to convey the same to the defendant absolutely in fee simple. The defendant answered and admitted the execution of the contract, but alleged that the plaintiff was not seized in fee simple absolute of the property…
1Opinion of the Court
Walker, J.,
after stating the case as above: We have stated only such provisions of the will as relate to the question presented for our decision. The discussion before us took a wide range, and embraced some matters which we do not deem it necessary to consider. We have been favored with a very able and learned argument on both sides, and have been greatly aided thereby in reaching our conclusion, which we will now state.
It appears in the record that every person who has any interest in the land, whether vested or contingent, is a party to the deed, the efficacy of which to pass an…
2Cases cited13 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jernigan v. LeeSupreme Court of North Carolina · 1971
- Hobgood v. . HobgoodSupreme Court of North Carolina · 1915
- James v. . GriffinSupreme Court of North Carolina · 1926
- Kornegay v. . MillerSupreme Court of North Carolina · 1905
- Clark v. . CoxSupreme Court of North Carolina · 1894
3 more not listed; retrieve them via the Exa API.