Fortesque v. . Crawford
Supreme Court of North Carolina
Civil action, tried at February -Term, 1889, of Beaufort Superior Court, Boykin, J., presiding. The plaintiffs sued to recover the possession of the tract of land described in their complaint.’ The defendant admitted he was in possession, but in resistance to plaintiffs’ demand set up a parol contract between himself and the ancestor of the plaintiffs, whe eby the latter agreed to sell and convey the land to the former for the sum of one hundred and twenty-five dollars;…
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Civil action, tried at February -Term, 1889, of Beaufort Superior Court, Boykin, J., presiding. The plaintiffs sued to recover the possession of the tract of land described in their complaint.’ The defendant admitted he was in possession, but in resistance to plaintiffs’ demand set up a parol contract between himself and the ancestor of the plaintiffs, whe eby the latter agreed to sell and convey the land to the former for the sum of one hundred and twenty-five dollars; that, by virtue of this agreement, he (defendant) had entered, made improvements and paid the greater portion of the…
1Opinion of the Court
Clark, J.:
The issues arise upon the pleadings. The Code, §391; Wright v. Cain, 93 N. C., 296; Patton v. Railroad, 96 N. C., 455. There are no allegations in the pleadings which suggest the matter set out in the first issue, and an issue cannot be raised by evidential facts. Miller v. Miller, 89 N. C., 209. It was error to submit it to the jury.
The defendant alleges in his answer that, “Gilbert Hale, .ancestor of plaintiffs, in 1874 contracted, by parol, to sell said land to him for $125,” and that he made sundry payments and took therefor the receipts which are set out in the answer. All this…
2Cases cited10 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Gulley v. . MacYSupreme Court of North Carolina · 1881
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3Cited by13 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Call v. StroudSupreme Court of North Carolina · 1950
- Lowe v. HarrisSupreme Court of North Carolina · 1893
- Lowe v. . HarrisSupreme Court of North Carolina · 1893
- Nebel v. NebelSupreme Court of North Carolina · 1955
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