107 S.E. 4 | N.C. | 1921
This suit is to enforce specific performance of an option to convey land. The judgment on demurrer against the plaintiff by Judge Cooke at April Term, 1911, was reversed on appeal in this case,
The appellants alleged in their answer that the option, specific performance of which was decreed in favor of the plaintiff, was void as to appellants for the reason that "There was at the date of the execution of the said contract, docketed and alive and unpaid in Moore County a judgment in favor of Henry Williamson against T. W. Cole, the original defendant, for $65," in addition to the liens set up in the original complaint.
A careful consideration of the record and the contention of the parties presents but two questions for decision by this Court:
1. Did the existence of the docketed judgment of Henry Williamson for $65 at the time of the execution of option contract render it void as to the appellants?
2. Are the appellants estopped by the proceedings in this action against the original defendant, T. W. Cole, and the judgment rendered therein against him and the other defendants?
The first question was decided in favor of the plaintiff in Dalrymple v.Cole,
In Badger v. Daniel,
However, we are not to be understood as calling in question the authority of Mayho v. Cotton,
No error.