Hall v. . Lewis
Supreme Court of North Carolina
Civil aotioN, tried before Graham, Judge, at the Eall Term, 1895, of Sampson Superior Court. The plaintiff owed a debt, secured by mortgage on land, 'to one W. A. Dunn, receiver, &c., and applied to the defendant to take up said mortgage debt.
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Civil aotioN, tried before Graham, Judge, at the Eall Term, 1895, of Sampson Superior Court. The plaintiff owed a debt, secured by mortgage on land, 'to one W. A. Dunn, receiver, &c., and applied to the defendant to take up said mortgage debt. The defendant took up said debt and mortgage, paying W. A. Dunn the -amount due thereon, which was $80.42, and soon thereafter the plaintiff, under the circumstances detailed in the evidence, executed to the defendant a deed, absolute in form, to the same land, reciting therein a consideration of one hundred and twenty-five dollars, and thereupon the…
1Opinion of the Court
Furches, J.:
The evidence in this case creates a strong impression upon the minds of the Court of palpable fraud on the part of defendant, from which a .Court of Equity should give relief. After the verdict of the jury, the defendant moved for judgment non obsta'nte veredicto, for the reason that the complaint did not state a cause of action in that it did not allege that the condition and clause of defeasance in his deed were “ omitted by fraud, inadvertence or mistake,” and cites Norris v. McLam, 101 N. C., 159, for this position. We do not admit that fraud is not alleged in the complaint-;…
2Cases cited1 opinion
- McLeod v. . BullardSupreme Court of North Carolina · 1881
3Cited by10 opinions
- Monroe Bros. v. Fuchtler & KernSupreme Court of North Carolina · 1897
- Winders v. . HillSupreme Court of North Carolina · 1907
- Jenkins v. . DanielSupreme Court of North Carolina · 1899
- Jennings v. Hinton.Supreme Court of North Carolina · 1901
- Massengill v. . OliverSupreme Court of North Carolina · 1942
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