Sprague v. Bond
Supreme Court of North Carolina
Civil ActioN, commenced on 10th February, 1890, and tried at Spring Term, 1893, of Caldwell Superior Court, before Mclver, /., and a jury. In his complaint plaintiff alleges that he is entitled t > one-half of the net proceeds arising from the sale of certain-lands lying in Caldwell County, as the consideration for the execution of a deed to the defendant Louisa N. Bond for said lands, under an express contract made contemporaneously with the deed with Ií.
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Civil ActioN, commenced on 10th February, 1890, and tried at Spring Term, 1893, of Caldwell Superior Court, before Mclver, /., and a jury. In his complaint plaintiff alleges that he is entitled t > one-half of the net proceeds arising from the sale of certain-lands lying in Caldwell County, as the consideration for the execution of a deed to the defendant Louisa N. Bond for said lands, under an express contract made contemporaneously with the deed with Ií. F. Bond, the agent of L. N. Bond, his daughter. In her answer the defendant L. N. Bond expressly alleges that the lands were entered by…
1Opinion of the Court
Burwell, J.:
The motion to dismiss the appeal must be denied. The case of Clements v. Rogers, 95 N. C., 248, is *554decisive of the point. In that action, as in this, there was.a verdict for the plaintiff on the trial of the pleas in bar, and an order for an account. An appeal from that order was not considered premature, because, if the pleas in bar were established, the plaintiff would not be entitled to an account, and the action would be at an end. The reason of the rule applies with full force here.
Upon the trial certain evidence was offered on plaintiff’s part to corroborate his own…
2Cases cited3 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Clements v. . RogersSupreme Court of North Carolina · 1886
- Howerton v. . LattimerSupreme Court of North Carolina · 1873
3Cited by20 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. . ChapmanSupreme Court of North Carolina · 1942
- State v. SteeleSupreme Court of North Carolina · 1925
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
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