Campbell v. . Campbell
Supreme Court of North Carolina
Cause removed to this Court from the Court of Equity of Sampson County. On the 8th of Nov., 1841, the plaintiff executed to his son, the defendant, a deed for a tract of land, (describing it) supposed to contain three hundred acres, in consideration, as expressed in the deed, “ of one thousand dollars, in hand paid, or secured to be paid.” An action of ejectment was brought on this title, returnable at the Spring Term, 1853, of Sampson Superi- or Court.
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Cause removed to this Court from the Court of Equity of Sampson County. On the 8th of Nov., 1841, the plaintiff executed to his son, the defendant, a deed for a tract of land, (describing it) supposed to contain three hundred acres, in consideration, as expressed in the deed, “ of one thousand dollars, in hand paid, or secured to be paid.” An action of ejectment was brought on this title, returnable at the Spring Term, 1853, of Sampson Superi- or Court. The plaintiff alleges that he was in debt, and that he and the defendant agreed that the latter should pay off his debts and take a…
1Opinion of the CourtBattle, J.
Among the allegations of his bill, there is a statement by the plaintiff that he executed to the defendant, his son, a deed whereby he conveyed to him the whole of the land in controversy, upon an agreement between them that, upon payment by the son of certain debts, due from the father, the deed should be destroyed, and then the plaintiff should execute to the defendant, another deed, conveying one-half, only, of the same land. The plaintiff, admitting that the debts have been, in part, paid by the defendant, seeks a reconveyance of one-half the land, and that the defendant may be enjoined…
2Cited by8 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Chilton v. . SmithSupreme Court of North Carolina · 1920
- Wolfe v. North Carolina Joint Stock Land BankSupreme Court of North Carolina · 1941
- Ebert v. . DisherSupreme Court of North Carolina · 1939
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