Wilkie v. . Womble
Supreme Court of North Carolina
Civil Action for specific performance of a contract, to convey land, tried at Fall Term, 1883, of Ci-iati-iaM Superior Court, before MacRae, J. The defendant appealed.
1Opinion of the CourtSjiith, C. J.
The complaint is for the specific performance of a contract for the sale of land, of which most of the purchase money has been paid, and the answer, admitting tire making of an unwritten contract, set up the statute of frauds in evidence. Thereupon the plaintiff, under his prayer for general relief, demands the return of the moneys paid, and was allowed to recover under the rulings of the court.
The defendant Jenkins is joined with the vendor, Womble, because the land has been conveyed to him by the latter, as alleged, with full knowledge of the prior right and equity of the plaintiff.
The…
2Cases cited4 opinions
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- McCracken v. . McCrackenSupreme Court of North Carolina · 1883
- Beaman v. . SimmonsSupreme Court of North Carolina · 1877
3Cited by13 opinions
- Durham Consolidated Land & Improvement Co. v. GuthrieSupreme Court of North Carolina · 1895
- Henry v. . HilliardSupreme Court of North Carolina · 1911
- Loughran v. . GilesSupreme Court of North Carolina · 1892
- Herring v. Volume Merchandise, Inc.Supreme Court of North Carolina · 1958
- Carter v. . CarterSupreme Court of North Carolina · 1921
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