Gadsby v. . Dyer
Supreme Court of North Carolina
EjectíieNt tried at Spring Term, 1884, of New IIakover Superior Court, before Shepherd, J. The plaintiffs claimed the locus in quo as the heirs-at-law of one George Gadsby, and it was conceded that they were his heirs-at-law. The defendants claimed under a deed dated the 7th of November, 1850, executed to defendant Elizabeth by the said George Gadsby. The facts appear in the opinion.
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EjectíieNt tried at Spring Term, 1884, of New IIakover Superior Court, before Shepherd, J. The plaintiffs claimed the locus in quo as the heirs-at-law of one George Gadsby, and it was conceded that they were his heirs-at-law. The defendants claimed under a deed dated the 7th of November, 1850, executed to defendant Elizabeth by the said George Gadsby. The facts appear in the opinion. There was a judgment in favor of the defendants, and the plaintiffs appealed from the judgment rendered.
1Opinion of the Court
...Smith, C. J.
The deed made on November 7tb, 1850, by George Gadsby, the former owner, to his sister, the feme defendant, Elizabeth, conveying the lot of land described in the complaint, is impeached by the plaintiffs, his heirs-at-law, and its validity denied upon the ground of an alleged want of legal capacity, or of undue influence exerted over an enfeebled mind by the said Elizabeth.
Upon the coming in of the answer denying these charges, and upon the evidence developed upon an ineffectual trial (in which the jury were discharged) of the issues then arising, the plaintiffs obtained leave…
2Cases cited5 opinions
- Yates v. . YatesSupreme Court of North Carolina · 1877
- Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
- Roberts v. . RobertsSupreme Court of North Carolina · 1880
- Kirby v. MastenSupreme Court of North Carolina · 1874
- Hilliard v. . PhillipsSupreme Court of North Carolina · 1879
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- Gaylord v. . RespassSupreme Court of North Carolina · 1885
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