Legal Opinion

Holden v. . Royall

Supreme Court of North Carolina

Decided October 20, 1915PublishedCited by 15 opinions

Appeal by defendant from Daniels, J., at tbe October Term, 1914, of SAMPSON. Oivil action. Action was instituted 29 January, 1914, and plaintiffs, three of tbe sisters of defendant, alleged and offered evidence tending to sbow tbat, in 1909, defendant bought of plaintiffs their interest in the land of their father, deceased, each for the sum of $75, and agreed that, if he had to pay any greater sum for procuring any of the other interests, he would come back and pay…

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Appeal by defendant from Daniels, J., at tbe October Term, 1914, of SAMPSON. Oivil action. Action was instituted 29 January, 1914, and plaintiffs, three of tbe sisters of defendant, alleged and offered evidence tending to sbow tbat, in 1909, defendant bought of plaintiffs their interest in the land of their father, deceased, each for the sum of $75, and agreed that, if he had to pay any greater sum for procuring any of the other interests, he would come back and pay plaintiffs the amount of the difference, making each and all of them equal; that subsequently, towit, on 28 January, 1911,…

1Opinion of the CourtHoKe, J.

The issue as to defendant’s liability was properly ■ submitted to the jury, as a question of fact, and was resolved by them in ■favor of plaintiffs.

On the statute of limitations, it will be noted that defendant bought certain lands and paid the $200 to Mrs. Bradshaw for her part on 28 January, 1911, and the action was commenced on 29 January, 1914, so that, if plaintiffs’ cause of action accrued instanter on the payment of the money, the claim is barred. The court below, however, held that, under the terms of the agreement, if established, as claimed by plaintiffs, the defendant had a…

2Cited by15 opinions

  1. Colt v. . KimballSupreme Court of North Carolina · 1925
  2. Fletcher v. JonesSupreme Court of North Carolina · 1985
  3. Yancey v. WatkinsCourt of Appeals of North Carolina · 1973
  4. J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
  5. Helms v. PrikopaCourt of Appeals of North Carolina · 1981

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