Chilton v. . Smith
Supreme Court of North Carolina
Appeal by defendants from McEiroy, J., at April Term, 1920, of Stokes. Tbis was an action of ejectment, tried at tbe Spring Term, 1920, of Stokes, before McEiroy, J., and a jury.
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Appeal by defendants from McEiroy, J., at April Term, 1920, of Stokes. Tbis was an action of ejectment, tried at tbe Spring Term, 1920, of Stokes, before McEiroy, J., and a jury. Tbe action was brought against Patsy Smith and Susan Smith, who answered alleging that they were bolding tbe land in controversy under and as tenants of John R. Smith, who came in and being made party defendant, filed bis answer alleging that at tbe time be executed bis deed to tbe plaintiff there was a parol agreement between them that the plaintiff would reconvey the land described in said deed, upon repayment to…
1Opinion of the CourtClabic, C. J.
Tbe defendant, John E. Smith,1 did not allege in bis answer tbat bis deed to tbe plaintiff was intended as a mortgage, nor did be allege, or offer proof, tbat tbe clause of defeasance or redemption was omitted therefrom by reason of ignorance, mistake, fraud, or undue influence or advantage, but admits tbat it was a deed absolute upon its' face; tbat be knew it was sucb, and was intended to be so drawn; tbat it was mailed to bim by tbe plaintiff, who was 12 miles away, and-was signed and acknowledged by bim, witb full knowledge of its contents in tbe absence of tbe plaintiff, and was then…
2Cases cited11 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Newton v. . ClarkSupreme Court of North Carolina · 1917
- Williamson v. RabonSupreme Court of North Carolina · 1919
- Norris v. . McLamSupreme Court of North Carolina · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Carlisle v. . CarlisleSupreme Court of North Carolina · 1945
- McCullen v. DurhamSupreme Court of North Carolina · 1948
- McCullen v. . DurhamSupreme Court of North Carolina · 1948
- Williamson v. . RabonSupreme Court of North Carolina · 1919
10 more not listed; retrieve them via the Exa API.