Evans v. . Brendle

CLARK, C. J., dissenting; BROWN, J., concurring in the dissenting opinion. (150) This is an action to recover land, both parties claiming title under Lee Fuller.

On 28 January, 1896, Lee Fuller executed a deed to H. T. Jenkins purporting to convey said land to him in fee.

In the spring of 1898 he commenced an action, to which his wife, S. J. Fuller, was not a party, alleging that the deed of 28 January, was intended as a security for a debt, and that certain clauses had been omitted by mistake, and at July Term, 1902, of Swain Superior Court the following judgment was rendered in said action:

LEE…