Evans v. Brendle
Supreme Court of North Carolina
Civil ACTION, tried before Cline, J., at Spring Term, 1915, of SwaiN. This is an action to recover land, both parties claiming title under Lee Fuller. On 28 January, 1896, Lee Fuller executed a deed to II. T. Jenkins purporting to convey said land to him in fee.
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Civil ACTION, tried before Cline, J., at Spring Term, 1915, of SwaiN. This is an action to recover land, both parties claiming title under Lee Fuller. On 28 January, 1896, Lee Fuller executed a deed to II. T. Jenkins purporting to convey said land to him in fee. In the spring of 1898 he commenced an action, to which his wife, S. J. Fuller, was not a party, alleging that the deed of 28 January, was intended as a security for a debt, and that certain clauses had been omitted by mistake, and at July Term, 1902, of Swain Superior Court the following judgment was rendered in said action : Lee…
1Opinion of the CourtAlleN, J.
It was contended before us tbat tbe decree in tbe action of Lee Fuller v. Jenkins did not carry tbe title to S. J. Fuller, because of tbe mistake in tbe second initial, and tbat it would first be necessary to bring an action to correct tbe decree. This is unnecessary under our system of procedure, combining legal and equitable remedies. As it is found as a fact tbat S. J. Fuller was intended when by mistake S. H. Fuller was named, and tbat S. J. Fuller, tbe party named, is Josephine Fuller, tbe wife of Lee Fuller, wbo joined in tbe conveyance to Jenkins in 1896, and wbo, with her husband,…
2Cases cited18 opinions
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