Johnson v. . Johnson
Supreme Court of North Carolina
Civil actioN tried before Justice, J., and a jury, at May Term, 1916, of ElCHMOND. Tbe complaint set forth a cause of action to set aside a deed for land on tbe ground of fraud and undue influence. By amendment, a clause was added to correct tbe deed, on allegations tbat tbe same, absolute in terms, was intended by tbe parties as a mortgage and tbat tbe clause of redemption bad been omitted by mistake.
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Civil actioN tried before Justice, J., and a jury, at May Term, 1916, of ElCHMOND. Tbe complaint set forth a cause of action to set aside a deed for land on tbe ground of fraud and undue influence. By amendment, a clause was added to correct tbe deed, on allegations tbat tbe same, absolute in terms, was intended by tbe parties as a mortgage and tbat tbe clause of redemption bad been omitted by mistake. There was general denial in tbe answer and, On issues submitted, tbe jury rendered tbe following verdict: 1. In tbe execution of tbe deed referred to in tbe complaint, was tbe clause of…
1Opinion of the CourtHoke, J.
It is tbe established principle in this State tbat when tbe purpose of tbe suit is to correct a written deed by reason of tbe mutual mistake of tbe parties or tbe mistake of one induced by tbe fraud of tbe other, plaintiff is required to establish bis position by clear, strong, and convincing proof; but when a party seeks to set aside a deed for fraud or undue influence or for mental incapacity and tbe like, be is only required to. make good bis allegations by tbe greater weight of tbe evidence, as in ordinary civil issues. This distinction, announced and fully discussed in Harding v. Long,…
2Cases cited9 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Lehew v. Hewett.Supreme Court of North Carolina · 1905
- Lamb v. PerrySupreme Court of North Carolina · 1915
- Cuthbertson v. . MorganSupreme Court of North Carolina · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Textile Insurance v. LambethSupreme Court of North Carolina · 1959
- Clark v. GASTONIA ICE CREAM COMPANYSupreme Court of North Carolina · 1964
- Textile Insurance Company v. LambethSupreme Court of North Carolina · 1959
- Lloyd v. . SpeightSupreme Court of North Carolina · 1928
- Continental Waste Co. v. Henderson Bros.Supreme Court of North Carolina · 1941
1 more not listed; retrieve them via the Exa API.