Whichard v. Craft

Decided February 27, 1918

Supreme Court of North Carolina · decided 1918-02-27

Appeal by defendant from Daniels, J., at December Term, 1917, of MARTIN. This is a controversy without action to recover tbe purchase price of a tract of land, tbe defendant refusing to accept a deed and pay thé purchase price according to tbe terms of a contract entered into between him and tbe plaintiff on the ground tbat tbe plaintiff has not an indefeasible title in fee.

Cited by 1 later decisions — most recently May 1919

Good law ✅— No negative treatment on recordhow we know

Decided 1918-02-27

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AlleN, J.

¶1The case of Hobgood v. Hobgood, 169 N. C., 485, decides every question raised by the defendant in favor of the plaintiff, and upon that authority and the reasoning of Hoke, J., in the opinion, the judgment of the Superior Court is affirmed.

¶2The distinction between this line of cases and the one to which Burden v. Lipsitz, 166 N. C., 523, belongs is that in the first those who take the contingent interest are certain, and it is held that they may unite with the owners of the precedent estates and pass a good title, while in the other, as the owners of the contingent interests cannot be ascertained until the determination of the preceding estate, an indefeasible title cannot be made until then.

¶3Affirmed.