Newton v. . Clark
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at the April Term, 1917, of CUMBERLAND. This is an action brought for the purpose of having a certain deed, absolute in form, declared to be a mortgage. At the conclusion of the evidence his Honor entered judgment of non-suit, and the plaintiff excepted and appealed.
1Opinion of the CourtAllen, J.
There is neither allegation nor proof that the deed which the plaintiff asks to have reformed was not executed as it was intended to be, or that the clause of defeasance was omitted by reason of ignorance, mistake, fraud or undue advantage, and this, under our authorities, is fatal to the plaintiff’s action.
Pearson, J., stated the principle clearly and succinctly in Sowell v. Barrett, 45 N. C., 54, as follows: “Since Streator v. Jones, 10 N. C., 423, there has been a uniform current of decisions by which these two principles are established in reference to bills which seek to correct a deed,…
2Cases cited10 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Watkins v. . WilliamsSupreme Court of North Carolina · 1898
- Ray v. . PattersonSupreme Court of North Carolina · 1915
- Kelly v. . BryanSupreme Court of North Carolina · 1849
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Pollard v. PhelpsCourt of Appeals of Georgia · 1937
- Burton v. Life & Casualty InsuranceSupreme Court of North Carolina · 1930
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Williamson v. RabonSupreme Court of North Carolina · 1919
14 more not listed; retrieve them via the Exa API.