Overman v. . Jackson
Supreme Court of North Carolina
Executor and Administrator — “Lawful Representatives” — Ven-, dor and Vendee — Mortgage—'Statute Limitations — Powers This is a civil ACTION, which was tried by MacRae, J., a jury trial being waived, at Pall Term, 1888, of Perquim-ANS Superior Court The following facts were agreed upon: On the 20th day of March, 1871, George W. Brooks and David Jackson entered into an agreement, under seal, for the sale of the tract of land in the complaint mentioned, by the former to the…
Read the full summary
Executor and Administrator — “Lawful Representatives” — Ven-, dor and Vendee — Mortgage—'Statute Limitations — Powers This is a civil ACTION, which was tried by MacRae, J., a jury trial being waived, at Pall Term, 1888, of Perquim-ANS Superior Court The following facts were agreed upon: On the 20th day of March, 1871, George W. Brooks and David Jackson entered into an agreement, under seal, for the sale of the tract of land in the complaint mentioned, by the former to the latter, for the sum of three hundred and seventy-seven dollars and sixty-eight cents, whereof one hundred dollars was paid…
1Opinion of the CourtSmith, C. J.
(after stating the case). If it be assumed that the testator has bestowed the power upon his executrix to sell and dispose of any part of his real estate, as the title-to the disputed tracts remain vested in him as an abiding security for the entire purchase money, it devolved upon her to make it effectual by a sale of the land, and thus furnish the means of payment. This is indicated also in the contract itself, which authorizes the “lawful representatives”- of the testator, who is the executrix, to act in case of his death, a provision carried into effect by the provision made in the will.
“T…
2Cases cited3 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Long v. . MillerSupreme Court of North Carolina · 1885
3Cited by7 opinions
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Taylor v. . HuntSupreme Court of North Carolina · 1896
- Worth v. . WrennSupreme Court of North Carolina · 1907
- Davis v. . PierceSupreme Court of North Carolina · 1914
- Demai v. . TartSupreme Court of North Carolina · 1942
2 more not listed; retrieve them via the Exa API.