Brite v. . Penny
Supreme Court of North Carolina
Appeal from 0. II. Allen, J., at August Term, 1911, of Guileord. Civil action to set aside and cancel a note and mortgage for $2,000, executed^ by tbe feme plaintiff on ber property to the defendant corporation, tried'"at "August Term, 1911, of the Superior Court of Guilford County, his Honor, O. II. Allen, J., presiding.
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Appeal from 0. II. Allen, J., at August Term, 1911, of Guileord. Civil action to set aside and cancel a note and mortgage for $2,000, executed^ by tbe feme plaintiff on ber property to the defendant corporation, tried'"at "August Term, 1911, of the Superior Court of Guilford County, his Honor, O. II. Allen, J., presiding. These issues were submitted to the jury: 1. Did the defendant George T. Fenny by' false representations and fraud, as alleged in the complaint, procure the execution of the note and mortgage described in the complaint? Answer: Yes. 2. Did the defendant Carolina Loan and…
1Opinion of the CourtBisown, J.
The assignments of error bring up for consideration practically three propositions:
1. The finding upon the fourth issue alone would not be sufficient to uphold the judgment.
The act of the General Assembly, Laws of 1889, ch. 389, Revisal, sec. 956, has been heretofore construed, and it is held that “The presence and undue. influence of the husband at the ceremony of privy examination would not vitiate a certificate in all respects regular, unless the grantee had notice of it, and the burden would be upon the plaintiffs to show such notice.” Davis v. Davis, 146 N. C., 163; Hall v. Castleberry,…
2Cases cited6 opinions
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
- Caldwell v. Insurance Co.Supreme Court of North Carolina · 1905
- Leduc v. . MooreSupreme Court of North Carolina · 1892
- Anniston National Bank v. School CommitteeSupreme Court of North Carolina · 1896
- Davis v. . DavisSupreme Court of North Carolina · 1907
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3Cited by24 opinions
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- Bondi v. Bank of America Corp.District Court, S.D. New York · 2005
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