Bradsher v. . Hightower
Supreme Court of North Carolina
Civil ACTION, on a bond for title to land brought on the ground that the defendant devisee of the vendee had failed to pay the purchase-money, tried before StarbucJc, J1, and a jury, at August Term, 1895, of Caswell Superior Court. On the pleadings filed the following issues were tendered by the plaintiff: “First. Did the testator of defendant contract to purchase the land described in the complaint from the plaintiff for the sum of $210 ? Second.
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Civil ACTION, on a bond for title to land brought on the ground that the defendant devisee of the vendee had failed to pay the purchase-money, tried before StarbucJc, J1, and a jury, at August Term, 1895, of Caswell Superior Court. On the pleadings filed the following issues were tendered by the plaintiff: “First. Did the testator of defendant contract to purchase the land described in the complaint from the plaintiff for the sum of $210 ? Second. Has the said purchase-money been paid? If not, how much is due? Third. Is the action of plaintiff barred by the Statute of Limitations?” Issues…
1Opinion of the Court
Faircloth, C. J.:
Both parties excepted to the refusal of the court to submit issues tendered by them. These exceptions were properly overruled, as we see that the issues submitted by the court were sufficient to admit evidence of their several contentions and to meet the merits-of the issues raised by the pleadings. There are uo questions of the rights of creditors in the case, nor any question of fraud or fraudulent misrepresentation, as the jury have-said by their response to the first issue that there was none.
The whole matter then is limited to the dealings between the parties, treating…
2Cited by7 opinions
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- Newman v. Virginia, T. & C. Steel & Iron Co.Court of Appeals for the Fourth Circuit · 1897
- McNeill v. . FullerSupreme Court of North Carolina · 1897
- McElroy v. PeggCourt of Appeals for the Tenth Circuit · 1948
- Coley v. City of StatesvilleSupreme Court of North Carolina · 1897
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