Whitaker v. . Bond
Supreme Court of North Carolina
MotioN, for an injunction, allowed by Barnes, J., at Spring Term 1868 of the Court of Equity for Bertie. Tbe complainant had filed tbe bill at Spring Term 1866, asking for tbe specific performance of a contract to sell a tract of land described.
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MotioN, for an injunction, allowed by Barnes, J., at Spring Term 1868 of the Court of Equity for Bertie. Tbe complainant had filed tbe bill at Spring Term 1866, asking for tbe specific performance of a contract to sell a tract of land described. It alleged that tbe defendant, as trustee for sale, bad exposed the land at auction, for Confederate money, on tbe 22d of January 1863, that tbe attendance was considerable, tbe sale a fair one, and tbe complainant bad purchased at tbe price of $500. Some time thereafter sbe tendered tbe money to tlie defendant, and demanded a deed, but be refused to…
1Opinion of the CourtDice, J.
The relief sought by the complainant, is the specific performance of a contract relating to land. The case comes into this Court by appeal from an interlocutory order made in the Court below, granting an injunction against the defendant, restraining him from proceeding in a pending action of ejectment, to recover from the complainant the possession ■of the land in controversy. The motion for the injunction was made after the coming in of the answer, and, by the rules of -equity pleading, it must be founded upon the merits confessed in the answer; Adams, Eq. 359. It has become necessary,…
2Cases cited2 opinions
- Garnett v. MaconU.S. Circuit Court for the District of Eastern Virginia · 1825
- McKay v. CarringtonU.S. Circuit Court for the District of Ohio · 1829
3Cited by6 opinions
- King v. . WinantsSupreme Court of North Carolina · 1874
- Lamm v. CrumplerSupreme Court of North Carolina · 1951
- Ralphsnyder v. ShawWest Virginia Supreme Court · 1898
- King v. . WinantsSupreme Court of North Carolina · 1874
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
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