Lamm v. . Lamm
Supreme Court of North Carolina
Appeal by defendant Hinton from Lyon, J., at June Term, 1913, of Edgecombe. This action was instituted by plaintiffs, the heirs at law and. children by a former wife of Matthew T. Lamm; that their mother having died, the father intermarried with defendant Florence Lamm, and, on 21 December, 1908, said Matthew Lamm, having sold a piece of land in Wilson County, purchased the land in controversy lying in Edgecombe County,' from W. J. Taylor and wife, and the deed therefor was…
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Appeal by defendant Hinton from Lyon, J., at June Term, 1913, of Edgecombe. This action was instituted by plaintiffs, the heirs at law and. children by a former wife of Matthew T. Lamm; that their mother having died, the father intermarried with defendant Florence Lamm, and, on 21 December, 1908, said Matthew Lamm, having sold a piece of land in Wilson County, purchased the land in controversy lying in Edgecombe County,' from W. J. Taylor and wife, and the deed therefor was made from .said Taylor to Florence Lamm, the second wife, and that said deed was so made by reason of the fraud and…
1Opinion of the Court
Hoke, J.,
after stating tbe case: In Harding v. Long, 103 N. C., 11, Associate Justice Avery delivering tbe opinion, classifies cases of this kind in reference to tbe degree of proof required to establish tbe determinative issues as follows:
'“The ride governing tbe quantum and quality of proof required to sustain allegations of fraud, undue influence, and mistake in tbe execution of written instruments, and to establish resulting trusts, is as follows:
“(1) In cases in which relief is sought on the ground of mutual mistake, mistake of one party and fraud on the part of the other, or that a deed…
2Cases cited4 opinions
- Harding v. . LongSupreme Court of North Carolina · 1889
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Fraley v. . FraleySupreme Court of North Carolina · 1909
- Lee v. . GilesSupreme Court of North Carolina · 1913
3Cited by7 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
- Boone v. . LeeSupreme Court of North Carolina · 1918
- Johnson v. . JohnsonSupreme Court of North Carolina · 1916
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