York v. . Merritt
Supreme Court of North Carolina
Civil Actios to recover Possession of Land, tried at Spring Term, 1877, of Chatham Superior Court, before •Cox, J. The facts are sufficiently stated by Mr. Justice Reads'. in'delivering the opinion of this Court. Verdict and judgment for defendant. Appeal by plaintiff.
1Opinion of the CourtReade, J.
The plaintiff sues for a tract of land and shows-a deed from the defendant to him therefor. The defendant answers, that although the deed is absolute on its face, yet in fact it was made under the supposition that it was only a security to the plaintiff for $100, and that upon the'payment of that sum the plaintiff would reconvey ; and he says he has paid $47 and tendered the balance; and upon payment of the balance he prays that the plaintiff may be compelled to reconvey.
The findings of the jury sustain the allegations of the-defendant, and His Honor gives judgment for the plaintiff" for $53…
2Cases cited1 opinion
- King v. . WinantsSupreme Court of North Carolina · 1874
3Cited by19 opinions
- Hinson v. HinsonCourt of Appeals of North Carolina · 1986
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
- Sparks v. . SparksSupreme Court of North Carolina · 1886
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