Richardson v. Williams

• Decision Date: 31 December 1856
• Court: North Carolina Supreme Court
• Parties: WILLIAM P. RICHARDSON v. J. J. WILLIAMS, administrator.

3 Jones Eq. 116

56 N.C. 116

WILLIAM P. RICHARDSON

v.J. J. WILLIAMS, administrator.

Supreme Court of North Carolina.

December Term, 1856.

A non-resident who has not a sufficiency of property of effects within this State, to make good damages for the breach of a covenant for quiet enjoyment, will be enjoined from collecting the purchase-money for land, where the title is defective.

This Court will not drive a party to seek redress in the Courts of another State, when a less circuitous and better remedy can be given in our own Courts at less cost.

It is against conscience to enforce the collection of a bond, when nothing has been received for it.

CAUSE removed from the Court of Equity of Union County.

Thomas W. Huey, the defendant's intestate, made a deed to the plaintiff, of which the following is a copy, viz:

“This indenture, made on the 9th day of January, in the year 1852, between T. W. Huey, of South Carolina, and Lancaster District, of the one part, and W. P. Richardson of the County of Union, and State of North Carolina, of the other part, witnesseth--that the said T. W. Huey, for, and in consideration of, the sum of $800, to him in hand paid by the said W. P. Richardson, the receipt whereof is hereby acknowledged by the said T. W. Huey, hath given, granted, bargained and sold, and by these presents do give, grant, bargain and sell, alien and confirm, into the said W. P. Richardson, all that tract, piece or parcel of land, situate, lying, and being in the County of Union, and State of North Carolina, on the waters of Richardson's Creek, containing eight hundred acres, more or less, and more fully represented by reference to the accompanying certified copies of the original grants, Nos. 1386 and 1458, & c., unto the said W. P. Richardson, his heirs and assigns, forever.” With a covenant of general warranty. The certified copies, each, described tracts of land lying in Union County, on Richardson's Creek; that designated as 1386 purported to convey to one Edward Richardson five hundred acres, and that as 1458, to the same person, three hundred acres.

The plaintiff, in his bill, alleges that, at the time of the execution of the said deed, he paid to defendant's intestate five hundred dollars in cash, and gave his note, payable twelve months after date, for the remainder of the purchase-money, to wit, $300; that he immediately went into possession of the five hundred acre tract, and has had undisturbed enjoyment of it ever since; but when he proceeded to locate the three hundred acre tract, embraced in grant 1458, he discovered that it was in the adverse possession of one Hilliard Helms, who had a title to the same; for, that the said Helms, and those under whom he claimed, had had actual adverse possession of it, claiming it as their own, for more than thirty years; that the said Huey lived in the State of South Carolina at the time the deed was made, and continued to reside in that State until his death, which occurred in 1853 or 1854, and had no property in this State except the note sued on; that the defendant, having administered on his estate in Union county, brought a suit against plaintiff in the County Court of that County, and at October Term of that Court, took a judgment against plaintiff on the three hundred dollar note, with interest, and threatened to collect the amount against him by execution.

The prayer of the bill is for a perpetual injunction, and for general relief.

The defendant demurred to plaintiff's bill, and assigned as a...