Sprinkle v. Wellborn.
Supreme Court of North Carolina
ActioN by Nancy E. Sprinkle, by her Guardian, W. E. Sprinkle, and others, against J. M. Wellborn and T. J. Greenwood, beard by Judge Chas. M. Cooke and a jury, at the June Term, 1905, of the Superior Court of Wilkes.
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ActioN by Nancy E. Sprinkle, by her Guardian, W. E. Sprinkle, and others, against J. M. Wellborn and T. J. Greenwood, beard by Judge Chas. M. Cooke and a jury, at the June Term, 1905, of the Superior Court of Wilkes. This action was brought by the plaintiff, Nancy Elvira Sprinkle, who is represented by her guardian, W. E. Sprinkle, against the defendant, J. M. Wellborn, to set aside a deed made by the said Nancy Elvira Sprinkle to the defend: ant Wellborn on the 19th day of October, 1886, for want of mental capacity to make the same and for fraud and undue influence in procuring the execution…
1Opinion of the Court
Walker, J.,
after stating the case: The jury found in this case, by consent, in their answers to the 10th and 11th issues, that the defendant, T. J. Greenwood, had purchased the land in controversy for value and without notice of the mental incapacity of Nancy Elvira Sprinkle, and also without notice of any fraud of Wellborn, if there was any, in procuring the deed. Counsel for the plaintiff properly admitted that, under this finding, they could not proceed further against Greenwood, and the cause was therefore continued against Wellborn on the theory that, upon the verdict, he is liable for…
2Cases cited19 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Holland v. AndersonSupreme Court of Missouri · 1866
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Horah v. . KnoxSupreme Court of North Carolina · 1882
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
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3Cited by85 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Reynolds v. Whitin MacH. WorksCourt of Appeals for the Fourth Circuit · 1948
- In Re Will of CravenSupreme Court of North Carolina · 1915
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Hodges v. WilsonSupreme Court of North Carolina · 1914
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