Smithwick v. . Whitley
Supreme Court of North Carolina
plaintiff’s appeal. Appeal from Ward, J., at December Term, 1909, of Beau-eobt. Civil actio'll to recover $280 alleged to have been paid under duress. The facts are as follows: On 3 December, 1900, plaintiff made a contract with defendants to purchase a piece of land containing 13 82-100 acres, for $483.72, and to give in payment ten notes of $46.99 each, one to be paid annually, secured by mortgage on land, and the balance in cash.
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plaintiff’s appeal. Appeal from Ward, J., at December Term, 1909, of Beau-eobt. Civil actio'll to recover $280 alleged to have been paid under duress. The facts are as follows: On 3 December, 1900, plaintiff made a contract with defendants to purchase a piece of land containing 13 82-100 acres, for $483.72, and to give in payment ten notes of $46.99 each, one to be paid annually, secured by mortgage on land, and the balance in cash. The plaintiff alleges and proves that said notes and mortgage were delivered to defendant, and the bargain consummated at that time (the mortgage and notes being…
1Opinion of the CourtBeowN, J.
We agree with his Honor, that the cause of action, npon plaintiff’s own evidence, is barred by the statute of limitations, assuming that a cause of action had been made out. But no cause of action for duress is made out in the evidence or stated in the complaint.
Tbe payment of tbe $280 in order to get a deed for tbe' land was yoluntary. Tbe plaintiff bad a right to stand on bis legal rights in tbe land, if be bad any, and assert bis equities in tbe courts of tbe State.
Duress exists where one, by tbe unlawful act of another, is induced to make a contract or perform or forego some act under…
2Cases cited2 opinions
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