Ray v. . Patterson
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at April Term, 1915, of Hoke. Civil action. The case was before ns at a former term, and is reported in 165 N. C., at p. 512. We then ordered a new trial.
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Appeal by defendant from Allen, J., at April Term, 1915, of Hoke. Civil action. The case was before ns at a former term, and is reported in 165 N. C., at p. 512. We then ordered a new trial. At the last trial the case was submitted to the jury upon issues which were answered by the jury as follows: 1. Did the defendants procure the execution of the deed described as Exhibit D, and in form a fee-simple deed, by the promise that they would hold the land therein described as security for the sum advanced in taking up certain mortgages described in the pleadings, with the further promise that…
1Opinion of the Court
WalkeR, J.,
after stating the case: We need not consider the many exceptions in the record, as we are of the opinion that the charge of the court upon the first issue, which is set out above, is erroneous. The plaintiffs sought to convert a deed absolute on its face into a mortgage, or, in other words, to correct the deed in that respect. In such cases the rule is thoroughly settled that the evidence must be clear, strong and convincing to warrant a verdict in favor of the party seeking to correct the deed. Ely v. Early, 94 N. C., 1; Harding v. Long, 103 N. C., 1; Cobb v. Edwards, 117 N. C.,…
2Cases cited16 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Ely v. . EarlySupreme Court of North Carolina · 1886
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Harding v. . LongSupreme Court of North Carolina · 1889
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Newton v. . ClarkSupreme Court of North Carolina · 1917
- Williamson v. RabonSupreme Court of North Carolina · 1919
- Boone v. . LeeSupreme Court of North Carolina · 1918
14 more not listed; retrieve them via the Exa API.