Smith v. . Moore
Supreme Court of North Carolina
• ActioN tried before Neal, J., and a jury, Fall Term, 1908, of New ITawovee. This cause lias been before the Court in two appeals and will be found reported in 142 N. C., 27'T and 145 N. C., 269.-On both appeals the Court granted a new trial for error in the ’Conduct of the trial and form of the verdict. The subject matter of the litigation is set forth in the appeal, reported in 142 N. C., 2YY, rendering it unnecessary to repeat it at this time.
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• ActioN tried before Neal, J., and a jury, Fall Term, 1908, of New ITawovee. This cause lias been before the Court in two appeals and will be found reported in 142 N. C., 27'T and 145 N. C., 269.-On both appeals the Court granted a new trial for error in the ’Conduct of the trial and form of the verdict. The subject matter of the litigation is set forth in the appeal, reported in 142 N. C., 2YY, rendering it unnecessary to repeat it at this time. Reference may be had to the statement made by Mr. Justice Walker, 142 N. O., 2YY. The cause was brought to trial for the third time before Judge…
1Opinion of the CourtCoxNOR, J.
The issue submitted to the jury upon the pleadings presented the question whether the deed, executed by plaintiff and her mother, Mrs. Mary E. Smith, was procured by fraud. The defendants claim the property as the widow and heirs of Roger Moore, the grantee. It is conceded that every person present at the execution of the deed, except plaintiff and Alcenia Reed, are dead. Plaintiff was introduced in her own behalf, and testified, without objection, that, at the time she executed the deed, she was sick — was very ill with typhoid-pneumonia — from February to April, 1885, the date of the deed…
2Cases cited15 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- State v. . KingSupreme Court of North Carolina · 1882
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Wessell v. . RathjohnSupreme Court of North Carolina · 1883
- Wabash Railroad v. MillerIndiana Supreme Court · 1901
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3Cited by30 opinions
- McNeill v. . McNeillSupreme Court of North Carolina · 1943
- Munchak Corp. v. CaldwellSupreme Court of North Carolina · 1981
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
- Stone v. McClamCourt of Appeals of North Carolina · 1979
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