Kornegay v. . Everett
Supreme Court of North Carolina
Equity — Evidence—Mistake of Law — Correction of Deed. This is a civil action, tried before Merrimon, J., upon exceptions to the report of a referee, at September Term, 1887, of Wayne Superior Court.
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Equity — Evidence—Mistake of Law — Correction of Deed. This is a civil action, tried before Merrimon, J., upon exceptions to the report of a referee, at September Term, 1887, of Wayne Superior Court. It is alleged by the plaintiff that the defendants, N. K. Everett and wife, on the 1st day of October, 1883, executed a mortgage to W. F. Kornegay & Co., conveying in fee certain lots of land described in the complaint, to secure an indebtedness of N. K. Everett to Kornegay & Co., and a steamboat called the “Rough and Read}''”; also, that the defendants, Everett and wife, on the 28th day of…
1Opinion of the Court
Davis, J.,
(after stating the case). The deed executed by Smith, trustee, while purporting to convey an absolute estate in fee in the property to plaintiff, by reason of the reservation of the homestead in the deed of trust to Smith, in fact conveyed an estate subject to the homestead, the defendant Everett and wife not joining the trustee in the execution of the deed to plaintiff, by reason of the mistake of all the parties, in supposing that the deed of the trustee would convey an absolute title, as it was intended it should do.
The plaintiff says that, having surrendered his claims and the…
2Cases cited6 opinions
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
- Loftin v. . LoftinSupreme Court of North Carolina · 1887
- Thomas v. . LinesSupreme Court of North Carolina · 1880
- Sandlin v. . WardSupreme Court of North Carolina · 1886
- Lynam v. . CaliferSupreme Court of North Carolina · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Ellett v. EllettSupreme Court of North Carolina · 1911
- Montgomery v. . LewisSupreme Court of North Carolina · 1924
- State Trust Co. v. BraznellSupreme Court of North Carolina · 1947
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