Tarault v. . Seip
Supreme Court of North Carolina
Appeal from Cline, J., at Sexitember Term, 1911, of CuRRi-TTJOK. Civil action. Tbe plaintiff sued to recover on a note for $10,000, given for tbe purchase money of certain lands.
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Appeal from Cline, J., at Sexitember Term, 1911, of CuRRi-TTJOK. Civil action. Tbe plaintiff sued to recover on a note for $10,000, given for tbe purchase money of certain lands. Tbe defendant pleaded counterclaims wbicb are embodied in these issues: 1. Did tbe plaintiff covenant to warrant and defend tbe title to tbe lands described in tbe answer? Answer: Yes. 2. Were tbe defendants ousted from tbe lands, or any part thereof, as alleged in answer? Answer: Yes; 17-80 of tbe Cox lands. 3. What damage is defendant entitled to recover for 17-80 of Cox land, named by M. B. Mott and others, for…
1DissentAlleN, J.
On 23 August, 1902, the plaintiff executed a deed to the defendant Seip, purporting to convey about 9,000 acres of land for $70,000, in which the covenant of warranty warranted “the premises.” The defendant paid all of the purchase price in cash, except $38,500, for which he executed four notes, secured by a mortgage on the land, the last note falling due on 25 August, 1905, and being for $10,000.
The defendant paid all of said notes except the last, and this action is for the purpose of enforcing payment of it.
The defendant resists payment because he contends that he was induced to buy the…
2Cases cited9 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- Norfolk Southern Railroad v. BarnesSupreme Court of North Carolina · 1889
- Medlin v. . BufordSupreme Court of North Carolina · 1894
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