Legal Opinion · Dissent

Powell v. City of Newton

Court of Appeals of North Carolina

Decided October 20, 2009No. COA08-1262Published

1DissentWynn, Judge

“Land is regarded as such a high species of property that exceptional safeguards have been devised for the preservation and security of its title ... .”2 In recognition of the need for safeguards against fraud and ambiguity in the sale or conveyance of land, the North Carolina General Statutes requires: “All contracts to sell or convey any lands . . . shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized.” N.C. Gen. Stat. § 22-2. Because there was no…

2Cases cited10 opinions

  1. Roth Steel Products, and Toledo Steel Tube Company, Cross-Appellants v. Sharon Steel Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
  2. Flight Systems, Inc. v. Electronic Data Systems CorporationCourt of Appeals for the Third Circuit · 1997
  3. Mezzanotte v. FreelandCourt of Appeals of North Carolina · 1973
  4. Wellington-Sears & Co. v. Dize Awning & Tent Co.Supreme Court of North Carolina · 1929
  5. Mastaw v. NaiukowMichigan Court of Appeals · 1981

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