Councill v. . Bailey
Supreme Court of North Carolina
Appeal from Webb, J., at May Term, 1910, of Catawba. Tbis action was brought to recover tbe sum of $6,000, alleged to be due by tbe defendant under a contract witb tbe plaintiff to purchase from him a tract of land in Kowan County. Plaintiff alleged that be entered into a written contract witb tbe defendant whereby be agreed to sell and convey to him bis farm in tbe said county for’ $6,000; that be tendered a deed for tbe land and demanded tbe payment of tbe purchase price.
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Appeal from Webb, J., at May Term, 1910, of Catawba. Tbis action was brought to recover tbe sum of $6,000, alleged to be due by tbe defendant under a contract witb tbe plaintiff to purchase from him a tract of land in Kowan County. Plaintiff alleged that be entered into a written contract witb tbe defendant whereby be agreed to sell and convey to him bis farm in tbe said county for’ $6,000; that be tendered a deed for tbe land and demanded tbe payment of tbe purchase price. Tbe defendant objected to an exception in tbe deed of certain timber on tbe land, whereupon tbe plaintiff tendered, witb…
1Opinion of the Court
Walker, J.,
after stating the facts: We need not consider the question, which was much debated before us, whether an action for the specific performance of a contract to convey land is in form or effect one for the recovery of land, or any estate or interest therein, or for the determination of such right or interest within the meaning of those words as used in Revisal, sec. 419, which requires actions of that character to be tried in the county wherein “the subject of the action, or some part thereof, is situated,” subject to the right of removal in cases mentioned in the statute. Even -if a…
2Cases cited10 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- English, Smith, MacKall & Hoffman v. FoxallSupreme Court of the United States · 1829
- Texas v. HardenbergSupreme Court of the United States · 1869
- Connor v. Dillard.Supreme Court of North Carolina · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Baber v. HanieSupreme Court of North Carolina · 1913
- Baber v. . HanieSupreme Court of North Carolina · 1913
- Causey v. . MorrisSupreme Court of North Carolina · 1928
- Jones v. Atlantic & Western RailroadSupreme Court of North Carolina · 1927
- Bryan v. . CanadySupreme Court of North Carolina · 1915
14 more not listed; retrieve them via the Exa API.