Hobson v. . Buchanan
Supreme Court of North Carolina
Civil action, heard before Avery, Judge, upon exceptions to the report of a referee, at Fall Term, 1885, of Mitchell Superior Court.
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Civil action, heard before Avery, Judge, upon exceptions to the report of a referee, at Fall Term, 1885, of Mitchell Superior Court. On the 28th day of November, 1883, the parties to the suit entered into a contract for the sale by the plaintiffs, and the purchase by the defendant, of a tract of land supposed to contain fifty acres, whereon was a grist mill and saw mill, for the sum of $1,450, whereof $700 was paid at the time, and a note payable on March first, thereafter, given for the residue. The title was, under said- agreement, to be retained as a security for the unpaid amount, and…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The material finding, that the last deed is sufficient to convey, and does convey the estate in fee in the land, and embraces all the territory described in the bond, the conditions essential to a recovery of the debt and the maintenance of the action to enforce payment by a sale of the premises, is left undisturbed by the exceptions, and forms no barrier to the relief sought.
It is sufficient that the vendor is able to make title before final judgment, although not when his suit was begun. It is so held in Hughes v. McNider, 90 N. C., 248; and Fortune…
2Cases cited5 opinions
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- State v. . ByrdSupreme Court of North Carolina · 1885
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Hughes v. . McNiderSupreme Court of North Carolina · 1884
- May v. . DardenSupreme Court of North Carolina · 1880
3Cited by6 opinions
- Tewksbury v. HowardIndiana Supreme Court · 1894
- Levi v. MathewsCourt of Appeals for the Fourth Circuit · 1906
- McNeill v. . FullerSupreme Court of North Carolina · 1897
- Lewis v. . GaySupreme Court of North Carolina · 1909
- Moore v. AngelSupreme Court of North Carolina · 1895
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