Smith v. . High
Supreme Court of North Carolina
Civil action tried at Spring Term, 1881, of Columbus-Superior Court, before Gudger, J. The action was brought by the plaintiff against the defendant as administrator of Forney George who died intestate in 1879, and against Mary and Elizabeth George, his heirs at law, in which he seeks to recover the amount of a writing obligatory executed by the intestate, as follows; “On or before the first day of January, 1879, I promise to pay Forney Smith five hundred dollars with…
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Civil action tried at Spring Term, 1881, of Columbus-Superior Court, before Gudger, J. The action was brought by the plaintiff against the defendant as administrator of Forney George who died intestate in 1879, and against Mary and Elizabeth George, his heirs at law, in which he seeks to recover the amount of a writing obligatory executed by the intestate, as follows; “On or before the first day of January, 1879, I promise to pay Forney Smith five hundred dollars with interest from date, for value received of him. This 25th of November, 1876.” (Signed and sealed by F. George.) The plaintiff…
1Opinion of the CourtAshe, J.
The only exception taken in the court below was to the refusal of the court to grant an order to sell the land described in the complaint, and the consideration of the alleged error involves the only question raised by the appeal, to-wit, whether a note or bond given for land is a lien on the land for the purchase money.
It has been settled in this state that the vendor of real estate who has conveyed it by deed has no lien upon the land for the purchase money. Womble v. Battle, 3 Ired. Eq., 182; Cameron v. Mason, 7 Ired. Eq., 180; Simmons v. Spruill, 3 Jones Eq., 9. And this is still the law,…
2Cases cited1 opinion
- Hoskins v. . WallSupreme Court of North Carolina · 1877
3Cited by7 opinions
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- Boone County Bank v. HensleySupreme Court of Arkansas · 1896
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