Pridgen v. Long
Supreme Court of North Carolina
Appeal by plaintiffs from a judgment rendered by Allen, J.,'at September Term, 1918, of Dupluv. On 12 February, 1911, Jobn R. Barden, being tbe owner in fee simple of tbe tracts of land in controversy, conveyed tbe same to R. C. Pridgen for tbe consideration of $2,000, bis wife joining in tbe deed, wbicb was duly recorded on 6 September, 1911; and on 12 February, 1911, R. 0. Pridgen reconveyed tbe same land, by way of mortgage, to Jobn R. Bar-den to secure ten notes of $200…
Read the full summary
Appeal by plaintiffs from a judgment rendered by Allen, J.,'at September Term, 1918, of Dupluv. On 12 February, 1911, Jobn R. Barden, being tbe owner in fee simple of tbe tracts of land in controversy, conveyed tbe same to R. C. Pridgen for tbe consideration of $2,000, bis wife joining in tbe deed, wbicb was duly recorded on 6 September, 1911; and on 12 February, 1911, R. 0. Pridgen reconveyed tbe same land, by way of mortgage, to Jobn R. Bar-den to secure ten notes of $200 eacb due at stated times from 1911 to 1920. Tbis mortgage was registered 9 March, 1911. On 5 September, 1911, R. O.…
1Opinion of the Court
Walker, J.,
after stating the case: The court was trying an issue of fraud, whether the plaintiff John R. Barden had falsely and fraudulently represented that he had a good and indefeasible title to the land. The intent of Barden to deceive and cheat the defendant Jarman was an essential ingredient of the alleged fraud. This allegation of fraud was the only one submitted to the jury. The question, therefore, was whether there was a false assertion of title made which was calculated to deceive, and with intent to deceive, the defendant, and upon the truth of which the latter relied and was…
2Cases cited13 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- South Dakota v. North CarolinaSupreme Court of the United States · 1904
- Mead v. . BunnNew York Court of Appeals · 1865
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fox v. Southern Appliances, Inc.Supreme Court of North Carolina · 1965
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Peyton v. . GriffinSupreme Court of North Carolina · 1928
- Sprinkle v. City of ReidsvilleSupreme Court of North Carolina · 1952
3 more not listed; retrieve them via the Exa API.