Kitchen v. Herring

42 N.C. 190 (1851)

Facts

Herring (D) executed a contract with Kitchen (P) reciting that payment in full was received for a tract 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.