Tally v. . Reid and Sossamer
Supreme Court of North Carolina
Civil action, tried by Sohenole, Jat Pall Term, 1874, Oabakkus Superior Court. On the 15th day of October, A. D. 1859, John 0. Sossamer was seized in fee of a tract of land lying in the county of Ca-barrus. Sossamer contracted in writing to convey said tract of land to one Joseph Brown, for the sum of five hundred and fifty dollars, payable, by instalments, in five years. Under this contract Brown paid a part of the purchase money, and took possession of the land.
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Civil action, tried by Sohenole, Jat Pall Term, 1874, Oabakkus Superior Court. On the 15th day of October, A. D. 1859, John 0. Sossamer was seized in fee of a tract of land lying in the county of Ca-barrus. Sossamer contracted in writing to convey said tract of land to one Joseph Brown, for the sum of five hundred and fifty dollars, payable, by instalments, in five years. Under this contract Brown paid a part of the purchase money, and took possession of the land. In December, 1860, Brown conveyed his equitable interest in said land to the defendant, Reid, for a valuable consideration, and by…
1Opinion of the CourtRbade, J.
Until we had a statute allowing it, no equity in land was subject to execution sale. It follows that no equity is now subject, except such as is embraced in thestatuíe.
Section 4, Act of 3812, provides that where A holds land in trust for B, the interest of B may be sold under an execution against him. And the purchase of such equity shall draw to it the legal estate which was in A. So that the purchaser got the whole title, legal and equitable. And the trustee A had no more to do with it. It was j ust the same as if A, the trustee, had, by deed, passed the legal title to B, and then it had…
2Cases cited2 opinions
- O. Sprinkle v. . Julius MartinSupreme Court of North Carolina · 1872
- Moore v. . ByersSupreme Court of North Carolina · 1871
3Cited by12 opinions
- Patrick v. . BeattySupreme Court of North Carolina · 1932
- Lummus v. . DavidsonSupreme Court of North Carolina · 1912
- Love v. . SmathersSupreme Court of North Carolina · 1880
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Rouse v. . RouseSupreme Court of North Carolina · 1914
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