Lambert v. . Hobson
Supreme Court of North Carolina
Cause removed from the Court of Equity of Randolph county. The plaintiff is one of the administrators with the will annexed of John Lambert, sen’r. The testator, claiming to be the owner of a tract of 230 acres of land, in Chatham county, sold the same to one John J. Burke, for about $200, and made a bond conditioned to make title for the same whenever the purchase-money was paid.
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Cause removed from the Court of Equity of Randolph county. The plaintiff is one of the administrators with the will annexed of John Lambert, sen’r. The testator, claiming to be the owner of a tract of 230 acres of land, in Chatham county, sold the same to one John J. Burke, for about $200, and made a bond conditioned to make title for the same whenever the purchase-money was paid. Burke paid part of the purchase-money, and then assigned his rights, under this bond, to John Headen. Upon the death of the testator, Headen paid to the plaintiff and his co-administrator, John Lambert, the…
1Opinion of the CourtPeaRSON, J.
The testator by himself and administrators with the will annexed, received the price of the land. Tie was under obligation by force of his bond to make title; this was discharged by the act of the administrators with the will annexed, by reason whereof they became individually liable, and'the plaintiff has been compelled, in consequence of the assertion of superior title, to pay a large sum. As bis act exonerated tlie estate of the testator, he had an equity under the doctrine of substitution, to stand in the place of Burke and Iieaden the assignee, in respect to tlie amount they were…
2Cited by1 opinion
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