Lee v. . Thornton
Supreme Court of North Carolina
Appeal by plaintiff Elwood H. Lee from Ferguson, J., at the April Term, 1918, of Wae:e. This is an appeal from an order made in two actions and in a special proceeding pending in the Superior Court of Wake County.
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Appeal by plaintiff Elwood H. Lee from Ferguson, J., at the April Term, 1918, of Wae:e. This is an appeal from an order made in two actions and in a special proceeding pending in the Superior Court of Wake County. Tbe first action was commenced on 16 January, 1914, by Elwood H. Lee, as beir of James Lee, for tbe purpose of setting aside certain deeds executed by said James Lee to tbe defendants on tbe ground tbat James Lee did not have sufficient mind to execute a deed, and tbat tbe deeds were procured by fraud and undue influence. Tbe second action was commenced on 23 April, 1915, by tbe…
1Opinion of the CourtAlleN, J.
One who is not in possession of land may bring an action to set aside a deed for fraud and undue influence and in the same action recover possession of tbe land and tbe rents and profits, as was done in Reed v. Exum, 84 N. C., 430, or, whether in possession or not, be may prosecute his action to set aside tbe deed and, upon a decree being rendered in his favor, apply to tbe court by supplemental petition for such writ as will render the decree effective, usually a writ of ass’stance, which was tbe course pursued in Root v. Woolworth, 150 U. S., 401.
“Tbe power to issue tbe writ results from…
2Cases cited8 opinions
- Root v. WoolworthSupreme Court of the United States · 1893
- Knight v. . HoughtallingSupreme Court of North Carolina · 1886
- Stanley v. SullivanWisconsin Supreme Court · 1888
- Peyton v. Hamilton-Brown Shoe Co.Supreme Court of North Carolina · 1914
- Clay v. HammondIllinois Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Gower v. Town of ClaytonSupreme Court of North Carolina · 1938
- Yoshitomi v. Kailua Tavern, Ltd.Hawaii Supreme Court · 1951
- Southern State Bank v. LeveretteSupreme Court of North Carolina · 1924
- Warehouse Company v. . WillisSupreme Court of North Carolina · 1929
3 more not listed; retrieve them via the Exa API.