McArthur v. . Johnson
Supreme Court of North Carolina
Trespass, Q. C. F., tried before Fowle, J., at Spring Term, 1867, of the Superior Court of Robeson. Both parties claimed under one John L. McArthur.
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Trespass, Q. C. F., tried before Fowle, J., at Spring Term, 1867, of the Superior Court of Robeson. Both parties claimed under one John L. McArthur. As-part of his title the plaintiff introduced a deed executed under the following circumstances: In March, 1853, John L. McArthur, then about twenty-two years of age, contracted to sell a tract of fifty acres of land to the defendant. .On the day after, being upon his way to visit the South-west, after some discussion as to the best mode of making the conveyance, one Angus L. McArthur, an older brother of John, suggested that one McCallum, who…
1Opinion of the CourtBattle, J.
The decision of this case depends upon the question whether the fraud alleged to have been practiced •upon John L. McArthur, in the execution of the power of attorney to Daniel McLean, under whom the plaintiff claims, was a fraud in the factum of the deed, or a fraud in the consideration of it, or in some matter collateral to it. It is a well established distinction that, for a fraud of the first kind, the deed may be avoided at law, while for a fraud of either of the two last kinds relief can be had only in a. Court of Equity; Reed v. Moore, 3 Ire., 310; Canoy v. Troutman, 7 Ire., 155; Gant…
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