Colwell v. O'Brien

2 Citing cases

  1. Colwell v. O'Brien

    151 S.E. 190 (N.C. 1930)

    Where in a contract by a husband and wife to convey lands of the wife the wife's privy examination is not taken, the interest of the husband as tenant by the curtesy initiate is sufficient to support an action for specific performance against him so far as his interest is concerned. PETITION by defendants to rehear this case, reported in 196 N.C. 508, 146 S.E. 142. Bellamy Bellamy, John A. Stevens and I. C. Wright for plaintiffs.

  2. Taylor v. Bailey

    271 S.E.2d 296 (N.C. Ct. App. 1980)   Cited 6 times
    Treating the affirmative defense of election of remedies as a plea in bar

    The Supreme Court agreed with this portion of the decision, recognizing that although the wife could not be compelled to join in the conveyance, the vendee could enforce the contract and take such title as the vendor could give, with an abatement of the contract price for the right of dower outstanding, the value of which could be calculated. See also Colwell v. O'Brien, 196 N.C. 508, 146 S.E. 142 (1929). In Flowe v. Hartwick, 167 N.C. 448, 451-52, 83 S.E. 841, 843 (1914), the Court stated: