Cuthbertson v. . Morgan
Supreme Court of North Carolina
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
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Lehew v. Hewett.Supreme Court of North Carolina · 1902
- Gray v. . WestSupreme Court of North Carolina · 1885
- McNeely v. . McNeelySupreme Court of North Carolina · 1880
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