Den on Demise of Murphy v. Barnett
Supreme Court of North Carolina
¡>From Guilford. In this case a verdief was found for the Plaintiff, and a vule for a new trial being obtained, the case was, that T. Dixon being seized of the lands in question, agreed to sell them to W. Dixon, to which end he made a power of attorney to C. Dixon. \Y. Dixon took possession of the lands under the agreement, and contracted to sell them to Thomas Barnett, who. entered accordingly.
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¡>From Guilford. In this case a verdief was found for the Plaintiff, and a vule for a new trial being obtained, the case was, that T. Dixon being seized of the lands in question, agreed to sell them to W. Dixon, to which end he made a power of attorney to C. Dixon. \Y. Dixon took possession of the lands under the agreement, and contracted to sell them to Thomas Barnett, who. entered accordingly. Upon which, C. Dixon, intending to execute the power of attorney, did, at the request of W. Dixon, seal and deliver a deed of bargain and sale to Thomas Barnett, as assignee of W. Dixon. The deed was…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court:
M e think the decision of this case rests on a plain principle of law ; and that as h ,+h parties claim directly from Thomas Barnett, they are privies in estate, and it ■ is not competent to either, as such, to deny his title. Tiie Defendant has accepted a deed from him, which admits the title, and estops him from denying it afterwards for a person may be estopped by matter in pais, as wel, as by indenture or writing. The doctrine as applied to tills case, appears highly reasonable, since nothing bnt ihe truth ought to be alledged by…
2Cited by5 opinions
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Stewart v. CarySupreme Court of North Carolina · 1941
- Gray v. . HarrisonSuperior Court of North Carolina · 1804
- Mordecai v. . OliverSupreme Court of North Carolina · 1825
- Murphy v. . BarnettSupreme Court of North Carolina · 1813