Anderson v. Wilkins
Supreme Court of North Carolina
ActioN by W. P. Anderson and wife against R. S. Wilkins, beard by Judge B. F. Long, at the September Term, 1906, of the Superior Court of Wilson. The following are the facts found by the Judge: The plaintiffs contracted to sell to the defendant a lot in Wilson for $1,000, and tendered a deed for it, but the defendant refused to pay the purchase-money, alleging that the title is defective.
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ActioN by W. P. Anderson and wife against R. S. Wilkins, beard by Judge B. F. Long, at the September Term, 1906, of the Superior Court of Wilson. The following are the facts found by the Judge: The plaintiffs contracted to sell to the defendant a lot in Wilson for $1,000, and tendered a deed for it, but the defendant refused to pay the purchase-money, alleging that the title is defective. The lot is a part of a larger parcel of land in the same town which was devised to the feme plaintiff (formerly Lucy Whitehead) by her father, H. G. Whitehead. He had four other children, Robert B., H. G.,…
1Opinion of the Court
Walker, J.,
after stating the. case: We need only consider the question raised as to the validity of the Act of 1905, ch. 93 (Rev., see. 1591), by which all parties not in esse who may take property, in expectancy or upon a contingency, under limitations in deeds or wills, are bound by any proceedings theretofore had for the sale thereof, in which all persons in being who would have taken such property, if the contingency had then happened, have been properly made parties, it being expressly provided that the act shall not affect any vested right or estate. It is not questioned that the…
2Cases cited14 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Randall v. KreigerSupreme Court of the United States · 1875
- Springs v. ScottSupreme Court of North Carolina · 1903
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
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3Cited by36 opinions
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Stephens v. . HicksSupreme Court of North Carolina · 1911
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
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