Taylor v. Kelly

56 N.C. 240 (1857)

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Nature of the Case

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Facts

P filed a bill of specific performance against Kelly (D) for the conveyance of land. D opposed that bill on various grounds, one of which was that he had sold and conveyed the land to other defendants for valuable consideration and that it was impracticable for him to convey the land. P admitted this allegation and amended her suit to bring in the parties that D sold to alleging that they had notice of her equity. P had a purchase money contract. In the amended suit, P wanted to ratify the sale and then have D turn over the monies he got from that sale to her.