Henry v. . Smith
Supreme Court of North Carolina
MotioN for a New Trial made by plaintiff and beard at January Term, 1878, of The Supreme Court. ■ The plaintiff’ filed an affidavit stating that he had discovered (since the decision in this case, 76 N. C. 311) that at the time of the purchase of the land in controversy, the. defendant Thomas J. Smith had actual notice of the místate in the deed and knew that rent had been paid to the plaintiff by the other defendants ; that when said land was sold by the auctioneer, it was…
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MotioN for a New Trial made by plaintiff and beard at January Term, 1878, of The Supreme Court. ■ The plaintiff’ filed an affidavit stating that he had discovered (since the decision in this case, 76 N. C. 311) that at the time of the purchase of the land in controversy, the. defendant Thomas J. Smith had actual notice of the místate in the deed and knew that rent had been paid to the plaintiff by the other defendants ; that when said land was sold by the auctioneer, it was sold subject to a-lease and claim.' for rent of the affiant; that John W. McGregor, jvho acted’ as the agent of said…
1Opinion of the CourtRodman, J.
This case was decided in this Court at January Term, 1877, (76 N. C. 311.) The object of the action was to reform a lease made by the plaintiff to one Lynch on the ground that a clause for the payment of an annual rent had been omitted by mistake.
The estate under the lease had been assigned to the defendant, W. C. Smith, with notice of the alleged mistake, .and by him to Thomas J. Smith for value, but there was no -evidence that he had notice of the mistake. It was held that the plaintiff had no equity to have the lease reformed .as against him.
At June Term, 1877, the plaintiff moved for a…
2Cases cited4 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Holmes, Ex'r v. . GodwinSupreme Court of North Carolina · 1873
- Shehan v. John Malone & Co.Supreme Court of North Carolina · 1875
- Henry v. . SmithSupreme Court of North Carolina · 1877
3Cited by8 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- State v. CaseySupreme Court of North Carolina · 1931
- State v. StarnesSupreme Court of North Carolina · 1886
- Black v. . BlackSupreme Court of North Carolina · 1892
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