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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