Gray v. . Jenkins
Supreme Court of North Carolina
Appeal from Coolc, J., April Term, 1909, of Pitt. This action was originally tried before Lyon, J., at the November Term, 1907. Tbe action was instituted by plaintiff, a subsequent purchaser of the land now in controversy, against J. E. Jenkins, mortgagee of this and other lands, and J. I. James, mortgagor and owner, and his wife, Lucy, et al., to enforce a sale of the mortgaged land in a certain order, as required by the rights and equities of plaintiff as subsequent…
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Appeal from Coolc, J., April Term, 1909, of Pitt. This action was originally tried before Lyon, J., at the November Term, 1907. Tbe action was instituted by plaintiff, a subsequent purchaser of the land now in controversy, against J. E. Jenkins, mortgagee of this and other lands, and J. I. James, mortgagor and owner, and his wife, Lucy, et al., to enforce a sale of the mortgaged land in a certain order, as required by the rights and equities of plaintiff as subsequent purchaser. The mortgagee answered, setting up his indebtedness and the mortgage given to secure the same on all the land in…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe objection chiefly urged for error is tbe refusal of tbe court below to charge tbe jury “That tbe evidence in tbe case does not tend to prove facts sufficient to constitute fraud and deceit, and tbe jury is instructed, upon tbe whole evidence, if they believe it, to find tbe first and second issues ‘No,’ ” but tbe objection, in our opinion, cannot be sustained. While it is well established that in an action to reform a written deed the proof must be clear, strong and convincing, our decisions are to tbe effect that when tbe testimony is sufficient to carry…
2Cases cited7 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- May v. . LoomisSupreme Court of North Carolina · 1905
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Hill v. . BrowerSupreme Court of North Carolina · 1877
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3Cited by22 opinions
- Johnson v. OwensSupreme Court of North Carolina · 1965
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Fox v. Southern Appliances, Inc.Supreme Court of North Carolina · 1965
- Roberson v. WilliamsSupreme Court of North Carolina · 1954
- Songwooyarn Trading Co. v. Sox Eleven, Inc.Court of Appeals of North Carolina · 2011
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