20 S.E. 1013 | N.C. | 1895
This case was before this Court on the appeal of plaintiffs at February Term, 1894, when the Court decided that "There should have been judgment for plaintiffs for the sum demanded in the complaint, this being much less than the purchase-money paid by Carter to Spencer."
Upon an examination of plaintiffs' complaint, paragraph 4, we find the following allegation: "Plaintiffs therein (referring to the action ofBorden v. Carter) elected to take the unimproved value of the land, which was ascertained by the jury to be $1,500, which sum (46) was declared to be a lien upon the said tract of 100 acres, of which the tract conveyed by Spencer to Carter formed one-half." "That, by reason of the breach of warranty and the eviction of defendants under a paramount title, the plaintiffs in this action are entitled to recover of the defendant S. A. Long, administrator of Caleb Spencer, one-half the amount paid by them under said judgment, in said suit brought by Henry V. Borden and others, to wit, the sum of $750 with interest thereon at 8 per cent from 12 November, 1888, and the sum of ________ dollars, one-half of the cost of said action."
This statement of plaintiffs' complaint seems to fix the amount to which plaintiffs were entitled to judgment, under the decision of this Court at February Term, 1894, so clearly and with so much certainty that we cannot conceive how there can be any misunderstanding about the matter. We therefore hold that the judgment of the court below, appealed from, gave plaintiffs all they are entitled to have. There is
No error. *32
(47)
