Fraley v. . Fraley
Supreme Court of North Carolina
ActioN tried .before Long, J., and a jury, at November Term, 1908, of Rowan. The action was instituted to set aside a deed made by Jacob Fraley, now deceased, to Jane E. Stokes, daughter of said Jacob, and one of the defendants, and G. ~W. Fraley, his son, another one of defendants, on the ground of- mental 'incapacity and of fraud and undue influence. Issues were submitted: 1. As to the mental capacity of Jacob Eraley. 2. As to fraud and undue influence.
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ActioN tried .before Long, J., and a jury, at November Term, 1908, of Rowan. The action was instituted to set aside a deed made by Jacob Fraley, now deceased, to Jane E. Stokes, daughter of said Jacob, and one of the defendants, and G. ~W. Fraley, his son, another one of defendants, on the ground of- mental 'incapacity and of fraud and undue influence. Issues were submitted: 1. As to the mental capacity of Jacob Eraley. 2. As to fraud and undue influence. It was shown that, in March, 1900, Jacob Eraley died, leaving' surviving a number of children and grandchildren, his descendants and heirs…
1Opinion of the Court
Hoke, J.,
after stating the case: There was error in the charge of the court as to the degree and quality of proof required on an issue as to the execution of a deed by fraud and undue influence. Tbe question was directly presented in the case of Harding v. Long, 103 N. C., 1, and the principle declared and sustained in an elaborate and learned opinion by Associate Justice Avery, that, on the issue indicated, the plaintiff was required to establish the allegation to the satisfaction of the jury by the. greater weight of the evidence. Tbe main purpose of this decision was to withdraw an issue…
2Cases cited7 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Ahern v. . GoodspeedNew York Court of Appeals · 1878
- Ferrall v. . BroadwaySupreme Court of North Carolina · 1886
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- Blue Ridge Land Co. v. FloydSupreme Court of North Carolina · 1916
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