Elliott v. Wyatt
Supreme Court of North Carolina
This was a civil actioN, tried before Fur ches, J., at Fall Term, 1875, of the Superior Court of Catawba county, The suit was commenced at Fall Term, 1871, and the complaint is substantially as follows: The plaintiff was, in 1859, the owner in fee simple of two adjoining tracts of land in Catawba county, containing about two hundred acres, and known as the White Sulphur Spring tract; the said springs and buildings heing situated upon the land.
Read the full summary
This was a civil actioN, tried before Fur ches, J., at Fall Term, 1875, of the Superior Court of Catawba county, The suit was commenced at Fall Term, 1871, and the complaint is substantially as follows: The plaintiff was, in 1859, the owner in fee simple of two adjoining tracts of land in Catawba county, containing about two hundred acres, and known as the White Sulphur Spring tract; the said springs and buildings heing situated upon the land. In 1859, he contracted to sell the land, springs and buildings to. Horace Robards, the husband of E. J. Robards, one of the present defendants, and…
1Opinion of the CourtRodmaN, J.
The plaintiff held the legal estate as a security *64for tbe unpaid part of the purchase money, and upon such payment in trust for the defendant, he was entitled to his debt and to nothing more. If the defendant alone had assigned her estate to Wyatt & Wynne, they could have compelled the plaintiff to convey to them on the payment of what defendant owed him. If Wyatt & Wynne had paid the defendant $20,000 for her estate, the whole excess over the-unpaid purchase money would have been justly hers. If they had paid the plaintiff $20,000 they would have got the legal estate with a liability to…
2Cited by2 opinions
- Walker v. . MebaneSupreme Court of North Carolina · 1884
- Liberty Manufacturing Co. v. MalloySupreme Court of North Carolina · 1940