KITCHEN V. HERRING 42 N.C. 190 (1851) CASE BRIEF

KITCHEN V. HERRING
42 N.C. 190 (1851)
NATURE OF THE CASE: This was a bill for specific performance.
FACTS: Herring (D) executed a contract with Kitchen (P) reciting that payment in full was received for a track of land for which a good deed was given. One of the defendants, Pridgen (D1) wrote the contract and was a subscribing witness. P was put into possession in 1847. D1 united with him and another defendant, Musgrove under a contract with D1 and commenced cutting down the timber, which was the chief value to the land. In January of 1848, D executed a deed for the land to D1 and under that title P was put out of possession. P sued for specific performance, an accounting of profits and for an injunction. P made an arrangement with Musgrove to continue timber operations and they agreed to account with the successful party.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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