Ricks v. . Brooks
Supreme Court of North Carolina
Civil actioN, tried before Whedbee, J., and a jury, at May Term, 1919, of Nash. This is an action, under tbe statute (Rev., 1509), to try and determine the title to land, or to remove a cloud from the title of plaintiff to an undivided interest in a certain tract of land, the defendants claiming the same by virtue of a foreclosure sale and deed, under a power contained in a mortgage deed, and mesne conveyances.
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Civil actioN, tried before Whedbee, J., and a jury, at May Term, 1919, of Nash. This is an action, under tbe statute (Rev., 1509), to try and determine the title to land, or to remove a cloud from the title of plaintiff to an undivided interest in a certain tract of land, the defendants claiming the same by virtue of a foreclosure sale and deed, under a power contained in a mortgage deed, and mesne conveyances. In 1905 Louis Ricks died seized and possessed of a tract of land in Nash County, containing 218 acres. In his will, duly probated, he devised this land to his wife, Lucinda Ricks, for…
1Opinion of the Court
Walker, J.,
after stating the facts as above: We may as well state m the beginning that this is not an action for the correction of a deed, or for its reformation, and the doctrine as to the quantity of proof required in such a case does not apply, and the contention of the defendant, in this respect, cannot be sustained. In an action for reformation it must be alleged and shown, by evidence clear, strong, and convincing, that the instrument sought to be corrected failed to express the true agreement of the parties, because of a mistake common to both parties, or because of the mistake of one…
2Cases cited17 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Harding v. . LongSupreme Court of North Carolina · 1889
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
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3Cited by22 opinions
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- Powell v. . TurpinSupreme Court of North Carolina · 1944
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- Burton v. Life & Casualty InsuranceSupreme Court of North Carolina · 1930
- W. B. Coppersmith & Sons, Inc. v. Ætna InsuranceSupreme Court of North Carolina · 1942
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