Miller v. . Pierce
Supreme Court of North Carolina
Contract — Vendor and Vendee — Statute—Frauds—Evidence. This is a civil ACTION, which was tried beforfe Boykin, J., at February Term, 1888, of the Superior Court of ALEXANDER County. Thomas Miller, the ancestor of the plaintiffs, on the 8th of May, 1858, executed to the defendant a bond for title, covering the locus in quo. Under this bond the defendant entered and has been in possession ever since.
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Contract — Vendor and Vendee — Statute—Frauds—Evidence. This is a civil ACTION, which was tried beforfe Boykin, J., at February Term, 1888, of the Superior Court of ALEXANDER County. Thomas Miller, the ancestor of the plaintiffs, on the 8th of May, 1858, executed to the defendant a bond for title, covering the locus in quo. Under this bond the defendant entered and has been in possession ever since. The plaintiffs sue in ejectment, and--the defendant insists that he has paid the purchase money,, and prays that a title be made to him. There was no' evidence of actual payment, but he relies…
1Opinion of the CourtShepherd, J.
— after stating the facts: The jury found that there was no actual payment of the purchase money, and that the contract of sale had been abandoned. If the latter' finding is correct, the question of presumption of payment is eliminated from the case, as there can be no presumption of the payment of a contract which has been rescinded. The sole question for our consideration is whether a written contract for the sale of land can be discharged by matter in pais. . This subject has been very much debated by the Judges of England, and, for a long time, their opinion upon the question was left in…
2Cases cited2 opinions
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Hammar v. City of CovingtonCourt of Appeals of Kentucky · 1861
3Cited by26 opinions
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Harper v. . BattleSupreme Court of North Carolina · 1920
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