Legal Opinion

Alley v. Howell.

Supreme Court of North Carolina

Decided April 17, 1906PublishedCited by 18 opinions

ActioN by Mary E. Alley and others against T. J\ Howell, heard by Judge B. B. Peebles and a jury, at the October Term, 1905, of the Superior Court of Iredell. From a judgment for the defendant, the plaintiffs appealed.

1Opinion of the CourtClare, C. J.

This was an action of ejectment, the plaintiffs claiming as heirs-at-law of Susan Ervin, and the defendant as her grantee. In the complaint the plaintiffs alleged and relied upon their legal title only and there being no averment of undue influence, inadequate consideration or fraud in the treaty, the court properly excluded evidence offered to prove such, and also refused prayers based upon the assumption that evidence to that effect had been admitted. There must be allegata as well as probata. The judge properly admitted evidence upon the question of the mental capacity of Susan Ervin to…

2Cases cited20 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. Stokes v. . TaylorSupreme Court of North Carolina · 1889
  3. Lowe v. . ElliottSupreme Court of North Carolina · 1890
  4. Taylor v. . PlummerSupreme Court of North Carolina · 1890
  5. Jones v. . MialSupreme Court of North Carolina · 1880

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3Cited by18 opinions

  1. Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
  2. Gibbs v. . HigginsSupreme Court of North Carolina · 1939
  3. Toler v. . FrenchSupreme Court of North Carolina · 1938
  4. State v. . RandallSupreme Court of North Carolina · 1915
  5. State v. . RegisterSupreme Court of North Carolina · 1903

13 more not listed; retrieve them via the Exa API.

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