Medlin v. . Buford
Supreme Court of North Carolina
' This was an action brought by the plaintiffs to foreclose a mortgage executed by the defendants to the feme plaintiff Sallie Medlin, and tried upon certain issues submitted to the jury at the June Term, 1893, before Connor, J. The following are the issues and the responses of the jury to the same: “ 1. Did the defendant Mary E. McGirt execute the note described in the complaint? Answer: No. “ 2. Were the defendants induced to execute the mortgage by the false and…
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' This was an action brought by the plaintiffs to foreclose a mortgage executed by the defendants to the feme plaintiff Sallie Medlin, and tried upon certain issues submitted to the jury at the June Term, 1893, before Connor, J. The following are the issues and the responses of the jury to the same: “ 1. Did the defendant Mary E. McGirt execute the note described in the complaint? Answer: No. “ 2. Were the defendants induced to execute the mortgage by the false and fraudulent representations of John C. Davis ? Answer: Yes. “ 3. Did the defendants, or any of them, receive any money at all from…
1Opinion of the Court
Shepherd, O. J.:
The first question to be considered is, whether the mortgage executed by the defendants to the plaintiff is absolutely void by reason of fraud in the factum. If such be the case, it would be immaterial whether the plaintiff is an innocent party, since the deed being a nullity, no rights could be asserted under it in favor of any person whomsoever. It is this very serious consequence which influences courts to adhere strictly to the old and well-settled principle applicable to cases of this character, and tested by these, we have but little difficulty in reaching the conclusion…
2Cases cited3 opinions
- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- State Ex Rel . Barnes v. . LewisSupreme Court of North Carolina · 1875
- Vass v. . RiddickSupreme Court of North Carolina · 1883
3Cited by25 opinions
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
- Mills v. LynchSupreme Court of North Carolina · 1963
- Virginia-Carolina Joint Stock Land Bank v. LilesSupreme Court of North Carolina · 1929
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