Opinion · Supreme Court of North Carolina

Crawley v. . Timberlake

37 N.C. 460

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1843-06-05
Topic
estate-planning

Ruffin, C. J. The deed, which' the plaintiff executed, has not been exhibited by'either party, so that the court cannot declare how it operates, whether as a conveyance off the fee, or of an'estate for the life of the defendant. Supposing it to be the former, the court is of opinion, that the plaintiff would be entitled, without any further act on his part, to a decree for the balance of the purchase mohéy according to' the contract, and interest'from December 25th, 1836, subject to proper deductions for the repairs not made, and" fob the" waste committed, if any. As to the repairs, there is evi- dencb'j)rima facie to raise a claim for some deduction ; and as to waste, there is evidence sufficient to direct an enquiry. *466 But in conducting that enquiry, it is proper the master should have the benefit of the Court’s instruction upon a point, which raised on the evidence.

Citator

UpLaw has not yet analyzed Crawley v. . Timberlake. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions