Legal Opinion

Creekmore v. . Baxter

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 9 opinions

Civil action for the recovery of land, tried before Bryan, J., and a jury, at Spring Term, 1897, of Camden Superior Court. There was judgment for the plaintiffs on the verdict set out in the opinion of the Court,' and defendants appealed.

1Opinion of the Court

Douglas, J.:

This is an action brought by the plaintiffs to recover land belonging to their ancestor, John O. Kelly, and sold under a mortgage alleged to have been executed by him, if at all, while insane, his insanity being then known to the mortgagee. By successive sales the land came into the possession of the mortgagee, O. F. Baxter, and upon his death descended to the present defendants. The following issues were submitted to the jury and answered:

1. Was John O. Kelly competent to make a deed at the time he executed the mortgages mentioned in the answer?' Ans. No.

2. Did Baxter have…

2Cases cited3 opinions

  1. Ellington v. . EllingtonSupreme Court of North Carolina · 1889
  2. Riggan v. . GreenSupreme Court of North Carolina · 1879
  3. Carr v. . HollidaySupreme Court of North Carolina · 1836

3Cited by9 opinions

  1. Wadford v. . GilletteSupreme Court of North Carolina · 1927
  2. Casson v. SchoenfeldWisconsin Supreme Court · 1918
  3. Wisdom v. PeekCourt of Appeals of Texas · 1920
  4. Carawan v. . ClarkSupreme Court of North Carolina · 1941
  5. Ipock v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1912

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