Johnston v. . Haynes
Supreme Court of North Carolina
This was a civil action, brought in the Superior Court of' Rowan upon the bond given by the defendant upon becoming the guardian of the feme plaintiff. The object of the. suit was to set aside a paper writing which purported to be a receipt in full and a release given by the feme before her1 marriage and a few days after she had arrived at full age, upon the ground that it had been obtained from her in the., absence of her friends by fraud and circumvention.
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This was a civil action, brought in the Superior Court of' Rowan upon the bond given by the defendant upon becoming the guardian of the feme plaintiff. The object of the. suit was to set aside a paper writing which purported to be a receipt in full and a release given by the feme before her1 marriage and a few days after she had arrived at full age, upon the ground that it had been obtained from her in the., absence of her friends by fraud and circumvention. The-. answer of the defendant denied the charges of fraud and circumvention and insisted that the receipt and release was • given after…
1Opinion of the CourtReade, J.
In this case there were exceptions on both sides and both sides appealed. In this branch of the case only the defendant’s exceptions are considered.
1. The first exception is allowed in part. It appears that $3,150 was the whole amount of the land money paid' over by Clerk and Master Blackmer to the defendant. He is charged with the amount as of 7th December 1862, with interest from that time. It is evident however from the testimony of the defendant himself and from the testimony of Blackmer that he had received a part of the land money several years before $400 in 1859 and $1,000 in 1860. It…
2Cited by4 opinions
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Kelly v. Odum.Supreme Court of North Carolina · 1905
- Murphy v. FitchSupreme Court of Oklahoma · 1913
- White v. . UtleySupreme Court of North Carolina · 1882