Alford v. . Moore
Supreme Court of North Carolina
Appeal by plaintiff from Darnels, J., at October Terra, 1912, of FeaNKLIN. Tbis action was brought to enjoin the sale of a tract of land under the power contained in a deed of trust, to cancel certain other deeds, for an accounting, and for the redemption of the land, this being the relief appropriate in the case under the general prayer in the complaint.
Read the full summary
Appeal by plaintiff from Darnels, J., at October Terra, 1912, of FeaNKLIN. Tbis action was brought to enjoin the sale of a tract of land under the power contained in a deed of trust, to cancel certain other deeds, for an accounting, and for the redemption of the land, this being the relief appropriate in the case under the general prayer in the complaint. Plaintiff had been the tenant of the defendant, B. M. Moore, for many years prior to 1 January, 1895, of the land in controversy, when it was agreed between them that Alford should purchase the land on easy terms. Defendant then conveyed to…
1Opinion of the Court
Walker, J.,
after stating the case: The testimony in this case is very voluminous, covering more than one hundred pages of the record. We have examined it carefully and have concluded that the judge might well have charged the jury that if, therefrom, they found the facts to be as stated by the witnesses, their verdict should be for the defendant, provided he paid full value for the land. But surely the plaintiff cannot complain that the evidence was submitted to the jury under the instructions set out in the case. The jury have found that there was no coercion or undue influence hy the…
2Cases cited6 opinions
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- Belding v. ArcherSupreme Court of North Carolina · 1902
- Deaver v. DeaverSupreme Court of North Carolina · 1904
- Grocery Co. v. Railroad Co.Supreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lloyd v. . VenableSupreme Court of North Carolina · 1915
- Lloyd v. Town of VenableSupreme Court of North Carolina · 1915
- R. M. Sutton Co. v. WellsSupreme Court of North Carolina · 1919