Legal Opinion

Boone v. . Drake

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 3 opinions

This was a summary proceeding to eject defendant, brought before a Justice of the Peace, and tried on appeal at the Spring Term, 1891, of the Superior Court of Northampton County, before Connor, J. The defendant failed to appear before the Justice of the Peace, but appealed and filed, by leave of the Court, his answer in the Superior Court.

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This was a summary proceeding to eject defendant, brought before a Justice of the Peace, and tried on appeal at the Spring Term, 1891, of the Superior Court of Northampton County, before Connor, J. The defendant failed to appear before the Justice of the Peace, but appealed and filed, by leave of the Court, his answer in the Superior Court. There was evidence on the part of the plaintiff tending to show that in January, 1889, there was an oral agreement between the plaintiff and defendant for the sale of the land in controversy to the defendant for $4,500, cash; that defendant moved some of…

1Opinion of the CourtAvery, J.

after stating the facts: The testimony was conflicting upon the question whether the defendant agreed to abandon his rights acquired under the contract of October 17 th, 1889. The witness, who seems to have had'the custody of the writing, testifies that he mutilated it by direction of Boone, the defendant saying nothing — neither objecting, nor consenting. That paper constituted Drake a vendee, and, if, according to his contention, he did not surrender it and all rights secured to him under it, so as to constitute an abandonment, there is no admitted phase of the facts in which the relation…

2Cases cited4 opinions

  1. Faw v. WhittingtonSupreme Court of North Carolina · 1875
  2. Miller v. . PierceSupreme Court of North Carolina · 1889
  3. Parker v. . AllenSupreme Court of North Carolina · 1881
  4. Hughes v. . MasonSupreme Court of North Carolina · 1881

3Cited by3 opinions

  1. Cue v. JohnsonSupreme Court of Kansas · 1906
  2. Taylor v. Briggs, Adm'rSupreme Court of Colorado · 1936
  3. Southern Railway Co. v. RouthSupreme Court of South Carolina · 1931

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