Beeson v. . Smith
Supreme Court of North Carolina
ActioN, heard before Webb, J.; and a jury, July Term, 1908, of RaNdolpi-i, to set aside a deed and a written contract on tbe ground of mental incapacity, and fraud, and undue influence.
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ActioN, heard before Webb, J.; and a jury, July Term, 1908, of RaNdolpi-i, to set aside a deed and a written contract on tbe ground of mental incapacity, and fraud, and undue influence. Tbe deed from plaintiff to defendant, who was brother to plaintiff, conveyed to defendant the plaintiff’s land, recited a valuable consideration of $10, and contained a stipulation, in effect, that, during tbe life of the grantor, tbe land conveyed was to be occupied by tbe grantee and bis heirs as tenants, paying to the grantor one-third of the crop as rent, etc.; and the contract was to the effect, that the…
1Opinion of the Court
HoKe, J.,
after stating the case: The authorities of this State are to the effect, that the deeds and contracts of insane persons, certainly when there is no formal adjudication of their insanity in force at the time, are voidable, and not necessarily void; and the same is true of deeds procured by undue influence or fraud in the treaty or bargain. In actions brought for the purpose, Courts, on established principles of equity, may set them aside altogether, or only sub modo, and administer the relief that right and justice may require.
In the case of insane persons, and the relief to bo…
2Cases cited9 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Corbett v. CluteSupreme Court of North Carolina · 1905
- Derr v. . DellingerSupreme Court of North Carolina · 1876
- Chamblee v. . BroughtonSupreme Court of North Carolina · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wadford v. . GilletteSupreme Court of North Carolina · 1927
- Nixon v. NixonSupreme Court of North Carolina · 1963
- Walker v. . McLaurinSupreme Court of North Carolina · 1946
- Carawan v. . ClarkSupreme Court of North Carolina · 1941
- Corbett v. . CluteSupreme Court of North Carolina · 1905
6 more not listed; retrieve them via the Exa API.