Deaver v. Deaver
Supreme Court of North Carolina
ActioN by Ella B. Deaver against E. M. Deaver, beard, by Judge B. F. Long and a jury, at March Term, 1904, of the Superior Court of Buncombe County. This is an action upon a covenant against incumbrances contained in a deed for a tract of land from the defendant, E. M. Deaver, to his brother, A. E. Deaver, dated May 11, 1897. The deed also contained covenants of seisin and of warranty.
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ActioN by Ella B. Deaver against E. M. Deaver, beard, by Judge B. F. Long and a jury, at March Term, 1904, of the Superior Court of Buncombe County. This is an action upon a covenant against incumbrances contained in a deed for a tract of land from the defendant, E. M. Deaver, to his brother, A. E. Deaver, dated May 11, 1897. The deed also contained covenants of seisin and of warranty. The consideration recited in it is $8,000, the receipt of which by the defendant is acknowledged. The breach alleged consists in the fact that at the time the deed was executed there was an incumbrance on the…
1Opinion of the Court
Walker, J.,
after stating the facts. We do not see why the testimony of the witness Logan was not relevant and admissible, nor why he was not a competent witness. The testimony certainly tended to show that A. E. Deaver had agreed in the settlement with Logan, who had bought the defendant’s one-half interest, that in consideration of the sale to him of that interest he would pay the Lusk debt and satisfy the deed of trust, and it is not incompetent because it contradicts the recital in the deed, namely, that the $3,000 had been paid. Where the payment of the consideration is necessary to…
2Cases cited6 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Davison v. Gregory.Supreme Court of North Carolina · 1903
- Harper v. . Dail Bro.Supreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Aden v. . DoubSupreme Court of North Carolina · 1907
- Horne v. Consolidated Railway, Light & Power Co.Supreme Court of North Carolina · 1907
- Faust v. . FaustSupreme Court of North Carolina · 1907
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