Buchanan v. . Harrington
Supreme Court of North Carolina
Appeal from Justice, J., at November (Special) Term, 1909, of Lee. Tbe plaintiffs brought tbis action to correct tbe quantity of interest conveyed by tbe' plaintiffs to tbe defendant, by deed dated 11 March, 1902, in a certain tract of land therein described, upon tbe ground that tbe deed conveyed a one-balf undivided interest, instead of a one-balf of three-fourths undivided interest, alleging that tbe error was caused by tbe mistake or inadvertence of tbe draftsman, and…
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Appeal from Justice, J., at November (Special) Term, 1909, of Lee. Tbe plaintiffs brought tbis action to correct tbe quantity of interest conveyed by tbe' plaintiffs to tbe defendant, by deed dated 11 March, 1902, in a certain tract of land therein described, upon tbe ground that tbe deed conveyed a one-balf undivided interest, instead of a one-balf of three-fourths undivided interest, alleging that tbe error was caused by tbe mistake or inadvertence of tbe draftsman, and was not discovered until some months thereafter; that plaintiffs and defendant knew that tbe feme plaintiff owned only a…
1Opinion of the Court
Manning, J.,
after stating tbe case: In 30 Cyc., 310, tbe author, Judge Freeman, thus sums up tbe law of the title concluded by partition proceedings under modern statutes: “We apprehend, however, tbat whenever plaintiff alleges himself to be tbe owner in fee, or of any specified estate, or avers any other ultimate fact under wbicb be is entitled to relief, it becomes tbe duty of tbe defendant either to concede or take issue with tbe allegation or averment, and tbat tbe judgment in -the action will be as conclusive as it would be upon a like issue in any other action. Tbe truth is, tbat a…
2Cases cited10 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Armfield v. . MooreSupreme Court of North Carolina · 1852
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Steinbach v. . Relief Fire Ins. Co.New York Court of Appeals · 1879
- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
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3Cited by11 opinions
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- Crawford v. . CrawfordSupreme Court of North Carolina · 1939
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Huffman v. . PearsonSupreme Court of North Carolina · 1942
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