Harshaw v. . Dobson
Supreme Court of North Carolina
Action, tried upon demurrer to the complaint, hj Mitchell, J., at Eall Term 1809 of Bueke Court. The facts are stated in the opinion. The judgment asked, was, that it might be declared that the deed in question was procured by fraud and circumvention; that it should be surrendered for cancellation, and that it be ordered that the title to the land should be held subject to the trusts of the original contract of sale.
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Action, tried upon demurrer to the complaint, hj Mitchell, J., at Eall Term 1809 of Bueke Court. The facts are stated in the opinion. The judgment asked, was, that it might be declared that the deed in question was procured by fraud and circumvention; that it should be surrendered for cancellation, and that it be ordered that the title to the land should be held subject to the trusts of the original contract of sale. The defendant demurred, and his Honor sustained the , demurrer. The plaintiffs appealed.
1Opinion of the Court
Read®, J.
The demurrer admits the facts stated in the complaint. His Honor sustained the demurrer and gave judgment for the defendant. In reviewing the decision it becomes necessary to state the facts set out in the complaint :
The plaintiff’s testator had a judgment against the defendant in Burke Superior Court, for a balance of $3000, rendered-Term 1858, which was founded on a bond given by the defendant to the plaintiff’s testator in 1850, for a tract of land, with the stipulation that the bond was to be paid in gold or silver coin; and the defendant held the bond of the plaintiff’s testator…
2Cited by6 opinions
- Willard C. Beach Air Brush Co. v. General Motors Corp.District Court, D. New Jersey · 1953
- L. A. Randolph Co. v. LewisSupreme Court of North Carolina · 1928
- Beam v. AlmondSupreme Court of North Carolina · 1967
- Harshaw v. . DobsonSupreme Court of North Carolina · 1872
- Lomerson v. JohnstonNew Jersey Court of Chancery · 1888
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