Butler v. . Bell
Supreme Court of North Carolina
Appeal by plaintiff from Connor, Jat September Term, 1920, of SAMPSON. It appears in the record that prior to 26 June, 1903, "W. A. Bell was the owner of several tracts of land in Sampson County, and desiring to divide them among certain of his children and grandchildren, he caused them to be surveyed, and then conveyed the lots, as shown in the survey, to his children and grandchildren, except the plaintiff, Esther R. Butler, one of his children, who alleges that her father…
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Appeal by plaintiff from Connor, Jat September Term, 1920, of SAMPSON. It appears in the record that prior to 26 June, 1903, "W. A. Bell was the owner of several tracts of land in Sampson County, and desiring to divide them among certain of his children and grandchildren, he caused them to be surveyed, and then conveyed the lots, as shown in the survey, to his children and grandchildren, except the plaintiff, Esther R. Butler, one of his children, who alleges that her father intended to give and convey to her the 100 acres of his land, which is the subject of this suit, and that he made his…
1Opinion of the Court
Walkee, J.,
after stating tbe case: Tbe admitted facts, as above set forth,' justified bis Honor’s instruction to tbe jury on tbe third and fourth issues. It will be observed tbat tbe issues did not correspond with tbe allegations, as stated in tbe complaint, and denials in tbe answer. There is no finding of a conspiracy to defraud tbe plaintiffs, nor of any actual fraud committed by defendants. Tbe simple and only finding is, that at tbe time tbe two deeds were made by W. A. Bell be did not have sufficient mental capacity to execute them, and tbat Natban Barefoot purchased from N. A. Bell and…
2Cases cited14 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Wright v. MattisonSupreme Court of the United States · 1856
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Cameron v. United StatesSupreme Court of the United States · 1893
- Graves v. . HowardSupreme Court of North Carolina · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shearin v. LloydSupreme Court of North Carolina · 1957
- Raftery v. Wm. C. Vick Construction Co.Supreme Court of North Carolina · 1976
- Congleton v. City of AsheboroCourt of Appeals of North Carolina · 1970
- Seals v. . SealsSupreme Court of North Carolina · 1914
- Stanley v. BrownCourt of Appeals of North Carolina · 1979
4 more not listed; retrieve them via the Exa API.