Faircloth v. . Isler
Supreme Court of North Carolina
Civil ActioN for the specific performance of a contract to convey land, tried before Seymour, J., and a jury, at January (special) Term, 1876, of the Superior Court of WayNE.
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Civil ActioN for the specific performance of a contract to convey land, tried before Seymour, J., and a jury, at January (special) Term, 1876, of the Superior Court of WayNE. The action was brought to Fall Term, 1874, and was before this Court at its June Term, 1875. The following is a statement of the case as settled by his Honor: On the 27th January, 1869, one Murphy mortgaged a certain tract of land to B. M. Isler, it being the same for which plaintiff demands deed from defendants. B. M. Isler, by.virtue of a power of sale in said mortgage, advertised the land for sale for cash on the 10th…
1Opinion of the CourtPearson, C.J.
The parties, not only on the day of sale but in the proceedings to bring the case up for judicial deter mination, allowed themselves to become and to continue to be so much excited as to lose sight of the merits of the case and pass off into immaterial details.
His Honor refused to allow the many detailed and immaterial issues tendered by the defendants relevant to the evidence and not to the merits of the case, to be submitted to the jury. In this there is no error. The issues tendered were calculated to confuse.
His Honor thereupon, as we suppose, being satisfied by the evidence and argument…
2Cited by3 opinions
- Voter v. NewsaltNorth Dakota Supreme Court · 1929
- Faircloth v. . IslerSupreme Court of North Carolina · 1877
- West v. . WestSupreme Court of North Carolina · 1877