Pritchard v. . Bailey
Supreme Court of North Carolina
This was an action on the part of the plaintiff for the recovery of the sum of $195, for purchase-money due and owing from the sale of a certain tract of land sold by the plaintiff, as trustee, to satisfy a certain note held by Mack Stadler & Co., of Cincinnati, Ohio, against S. D. Chambers and wife S. M. Chambers, heard before Graves, J., at_ Term of Buncombe Superior Court. ■ The following facts were submitted for the judgment of the Court by agreement of plaintiff and…
Read the full summary
This was an action on the part of the plaintiff for the recovery of the sum of $195, for purchase-money due and owing from the sale of a certain tract of land sold by the plaintiff, as trustee, to satisfy a certain note held by Mack Stadler & Co., of Cincinnati, Ohio, against S. D. Chambers and wife S. M. Chambers, heard before Graves, J., at_ Term of Buncombe Superior Court. ■ The following facts were submitted for the judgment of the Court by agreement of plaintiff and defendant: l< On the 26th day of February, 1890, S. D. Chambers and wife S. M. Chambers executed their joint note to Mack…
1Opinion of the Court
Shepherd, C. J.:
The deed from Daniel Payne to Sarah M. Chambers, executed in 1882, conferred upon her an estate in fee simple, and, under the doctrine declared in Hardy v. Galloway, 111 N. C., 519, and the authorities therein cited, the provision that she should not sell the property during her life was repugnant to the grant and in contravention of the principle of public policy which forbids the imposition of unreasonable restrictions upon the right of alienation. The property not having been conveyed in trust, but directly^, to Mrs. Chambers, she acquired the legal title; and as she had…
2Cases cited1 opinion
- Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892
3Cited by19 opinions
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
- Smith v. MitchellSupreme Court of North Carolina · 1980
- Helms v. . AustinSupreme Court of North Carolina · 1895
14 more not listed; retrieve them via the Exa API.