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10 N.C. 628

Prater v. . Miller

Supreme Court of North Carolina

Decided June 5, 1825

Supreme Court of North Carolina · decided 1825-06-05

'i 1 From Rutherford. j The bill set forth, that about ten years prior to the filing thereof, the complainant contracted with the defendant for the purchase of a tract of land at the price of two dollars per acre, to be conveyed when the complainant should pay for the same.

Cited by 1 later decisions — most recently October 1955

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-06-05

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¶1I am unwilling to dismiss this bill, because I think it states a strong ground of equity, and whatever uncertainty there is as to the number of acres, or the amount of the plaintiff's account, may be reduced to a certainty by a survey and by a reference to the clerk. It is a circumstance entitled to weight that the plaintiff has been allowed to remain in possession for so great a length of time, and to make improvements. The bill is not drawn with sufficient precision, but I think it should go to a hearing.

¶2And of this opinion were the rest of the Court; and now on the hearing:

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