Highsmith v. . Page
Supreme Court of North Carolina
Appeal from Carter, J., at September Term, 1911, of Pitt. Civil action to reform a deed by reason of mistake, to remove cloud from title, and restrain cutting of timber. At tbe close of tbe testimony, on motion of tbe defendant, there was judgment of nonsuit, and plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
On tbe- trial it was made to appear tbat on 8 November, 1875, S. R. Ross and wife conveyed M. R. Page and bis wife, Elizabeth, a tract of land lying in Pitt County, containing about 235 acres, more or less. Tbe portions of tbe deed more directly relevant being in terms as follows:
“This deed made by S. R. Ross and wife, Margaret, of the county of Pitt and State of North Carolina, of tbe first part, to M. R, Page and Elizabeth Page, bis wife, of tbe county and State aforesaid, witnesseth: Tbat tbe said S. R. Ross and wife, for and in consideration of twelve hundred dollars ($1,200) to them in…
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