Thornburgh v. . Mastin
Supreme Court of North Carolina
Abandonment — Tenants in Common — Taxation—Evidence. This was a civil ACTION tried at Spring Term, 1885, of Wilkes Superior Court, before MeKoy, Judge,, and a jury. The plaintiff asks to enforce the specific performance of an alleged contract to convey the lands described in the complaint.
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Abandonment — Tenants in Common — Taxation—Evidence. This was a civil ACTION tried at Spring Term, 1885, of Wilkes Superior Court, before MeKoy, Judge,, and a jury. The plaintiff asks to enforce the specific performance of an alleged contract to convey the lands described in the complaint. One Mastín executed to plaintiff a paper writing and receipt for $500 for the purchase money of the land, which is as follows : “ Received, April 21st, 1863, of George Thornburgh five hundred dollars, on account of the sale of my interest in the Lenoir lands owned by myself and J. W. Transon. (Signed), ' W.…
1Opinion of the Court
. Ashe, J.,
(after stating the facts). There were only two exceptions taken by the defendants. The first was to the charge of the Judge in submitting the question of the abandonment of plaintiff’s equity to the jury; and secondly, to Ins charge that when there are several tenants in common of land, thajt either of them could give in the land for taxation, and if giV0U fin by one, that is sufficient. ^
We are of the opinion (here was no error in the ¡^\rge given as to the abandonment of the equity, and if therelSas, it was cured by the verdict. ' I
The defendants’ counsel relied chiefly in…
2Cases cited4 opinions
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Mask v. . TillerSupreme Court of North Carolina · 1883
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Robt. W. Glenn v. . the Charlotte S.C. R. R. Co.Supreme Court of North Carolina · 1869
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- Thornton v. DowWashington Supreme Court · 1910
- Austin v. . KingSupreme Court of North Carolina · 1887
- Carter v. . R. R.Supreme Court of North Carolina · 1914
- Carter v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1914
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