Bonham v. . Craig
Supreme Court of North Carolina
Civil ActioN tried at June Sp.ecial Term, 1878, of New Hánoveb. Superior Court, before Eure, J. It was admitted in the pleadings that in May, 1863, one-Charles Craig was seized of certain lands which is the subject of the controversy, and executed a deed in fee for the' same to his brother, the defendant Thomas Craig, on the-15th of May, 1863. 1. Plaintiffs allege that said.
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Civil ActioN tried at June Sp.ecial Term, 1878, of New Hánoveb. Superior Court, before Eure, J. It was admitted in the pleadings that in May, 1863, one-Charles Craig was seized of certain lands which is the subject of the controversy, and executed a deed in fee for the' same to his brother, the defendant Thomas Craig, on the-15th of May, 1863. 1. Plaintiffs allege that said. Craig, then sixty years of' age, was about to leave the state for Bermuda and Nassau and being in doubt whether he would ever return, he executed the said deed upon the distinct and express agreement-, with his brother…
1Opinion of the CourtShxth, C. J.
Two rulings of the court are brought up for review on the nonsuit and appeal: —
1. The refusal of the court to allow an issue as to the consideration of the deed from Charles Craig to Thomas Craig, Ms brother, to be submitted to the jury on the ground that its recital of payment was an estoppel, and that no parol evidence was admissible to contradict it; The issue was wholly unnecessary and immaterial. The complaint alleges that there was no money paid and the deed was the voluntary act of the grantor, and this allegation is not denied in the answer. The fact is therefore admitted, and the…
2Cases cited1 opinion
- Ontario Bank v. RootNew York Court of Chancery · 1831
3Cited by51 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Feeney v. HowardCalifornia Supreme Court · 1889
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
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