Legal Opinion

Cuthbertson v. . Morgan

Supreme Court of North Carolina

Decided November 5, 1908PublishedCited by 12 opinions

ActioN tried before Jones, J., and a jury, February Term, 1908, of Union. Tbe pleadings, evidence and verdict disclose tbe following case: Defendant, Enoch Morgan, was tbe owner of tbe tract of land described in the complaint, on which be resided for many years. He married tbe feme defendant, Esther, the mother of the plaintiff, by a former marriage.

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ActioN tried before Jones, J., and a jury, February Term, 1908, of Union. Tbe pleadings, evidence and verdict disclose tbe following case: Defendant, Enoch Morgan, was tbe owner of tbe tract of land described in the complaint, on which be resided for many years. He married tbe feme defendant, Esther, the mother of the plaintiff, by a former marriage. Plaintiff was, at that time, about five years of age and lived with defendants, on the land in controversy, until he was about eighteen years' of age. On 27 March, 1902, defendant, Enoch Morgan, executed his note to Charles .N. Simpson for…

1Opinion of the Court

CoNNOR, J.,

after stating the case: We have examined the-record and exceptions in regard to the conduct of the trial, including his Honor’s instructions to the jury, and find no prejudicial or reversible error. His Honor instructed the-jury, upon the issue directed to the alleged mistake in the contract, in accordance with the decisions of this Court. It must, we think, be conceded that the evidence, in this respect,'was not so “clear, cogent and convincing” as -would have been required by a Chancellor, under the procedure prevailing prior to the change in our system of administering equitable…

2Cases cited7 opinions

  1. Morisey v. . SwinsonSupreme Court of North Carolina · 1889
  2. Helms v. Helms.Supreme Court of North Carolina · 1904
  3. Lehew v. Hewett.Supreme Court of North Carolina · 1902
  4. Gray v. . WestSupreme Court of North Carolina · 1885
  5. McNeely v. . McNeelySupreme Court of North Carolina · 1880

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

3Cited by12 opinions

  1. Wells v. ClaytonSupreme Court of North Carolina · 1952
  2. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  3. Gray v. . JenkinsSupreme Court of North Carolina · 1909
  4. Cunningham v. . LongSupreme Court of North Carolina · 1923
  5. United Artists Records, Inc. v. Eastern Tape Corp.Court of Appeals of North Carolina · 1973

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