N. H. Frey v. . A. L. Ramsour
Supreme Court of North Carolina
This was a civil action brought by the plaintiff as purchaser at execution sale, against one Miller to try the title to real ■estate and was tried before His Honor, Judge Mitchell and a jury, at Eall Term 1870, of the Superior Court of Caldwell. The facts are stated in the opinion with sufficient precision to supercede the necessity of a separate report. There was a verdict and judgment below for the defendant and the plaintiff appealed.
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This was a civil action brought by the plaintiff as purchaser at execution sale, against one Miller to try the title to real ■estate and was tried before His Honor, Judge Mitchell and a jury, at Eall Term 1870, of the Superior Court of Caldwell. The facts are stated in the opinion with sufficient precision to supercede the necessity of a separate report. There was a verdict and judgment below for the defendant and the plaintiff appealed. Where both parties claim under the same person, neither ■shall deny the title of such person. This rule is not based on tbe idea of an estoppel but is a rule…
1Opinion of the CourtPearson, C. J.
One Seth Moir conveyed the land to Ram-sour, May 7th, 1857. So we have the defendant Ramsour as a starting point. In 1858, one Miller and Ramsour agreed by parol that Miller should have one third of the land in fee, at the price of $425, which Miller paid, he and Ramsour then occupied jointly, erected a mill, and made other improvements. In -October, 1868, Ramsour and Miller agreed by parol, that Ramsour should have Miller’s interest in the land, in exchange for another tract of land, and $600 in money: a deed was made for the land and the money was paid. In August, 1869, the sheriff under an…
2Cited by20 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
- Cobb v. EdwardsSupreme Court of North Carolina · 1895
- Rhodes v. RaxterSupreme Court of North Carolina · 1955
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
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