York v. . Merritt
Supreme Court of North Carolina
Civil Action to recover Land tried at Fall Term, 1878, of ChathaM Superior Court, before Kerr, J. The. case states: The plaintiff alleged that he was the owner of the land in dispute, and claimed title under a deed executed by defendant to him on the 25th of December, 1868. The defendant admitted the execution of the deed, but insisted that it was only a contract to convey, and if absolute on its face, it was intended to be a mortgage to secure a fee he owed to plaintiff as…
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Civil Action to recover Land tried at Fall Term, 1878, of ChathaM Superior Court, before Kerr, J. The. case states: The plaintiff alleged that he was the owner of the land in dispute, and claimed title under a deed executed by defendant to him on the 25th of December, 1868. The defendant admitted the execution of the deed, but insisted that it was only a contract to convey, and if absolute on its face, it was intended to be a mortgage to secure a fee he owed to plaintiff as his attorney in bankruptcy, upon payment of which the plaintiff was to recom ■vey the land. It was admitted that…
1Opinion of the CourtAshe, J.
There were several issues submitted to the jury, the first and third of which were those only upon which instructions were asked. The first, “Is the plaintiff the owner of the land in fee simple?” and the third, “ Was the conveyance from defendant to plaintiff executed and delivered as a mortgage?”
The defendant asked His Honor to charge the jury in the first instruction as prayed for, “that if the jury shall find that plaintiff and defendant sustained the relation of attorney and client at the delivery of the deed in 1868, and that the deed was procured by the suggestion and imposition of…
2Cited by18 opinions
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Sparks v. . SparksSupreme Court of North Carolina · 1886
- Pierce v. CobbSupreme Court of North Carolina · 1913
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1902
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