Gray v. . James
Supreme Court of North Carolina
ActioN tried before Lyon, J., and a jury, at November Term, 1901, of Pitt. Plaintiff appealed. Tbe facts are stated in tbe opinion of tbe Court.
1Opinion of the Court
Clark, O. J.
T’bis action was brought to enjoin the defendant Jenkins (mortgagee) from selling all the land contained in his mortgage, and to require him first to sell so much thereof as was not embraced in a conveyance from his codefendant, James, the mortgagor, to plaintiff. The defendant James sets up an affirmative defense that he had not agreed and intended to convey so much land as is contained in the description in said deed, but was induced to execute it by the deceit and fraud of the plaintiff, and prayed for a reformation of the deed. The issues submitted Avere upon this affirmative…
2Cases cited1 opinion
- Alexander v. . AlexanderSupreme Court of North Carolina · 1897
3Cited by4 opinions
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- City of Goldsboro v. W. P. Rose Builders Supply Co.Supreme Court of North Carolina · 1931
- Joyner v. . Reflector Co.Supreme Court of North Carolina · 1918
- Smith v. . MillerSupreme Court of North Carolina · 1911