Norris v. . McLam
Supreme Court of North Carolina
Cause of Action — Dismissal of Appeal — Reformation of Deed— Pleading. This is a civil ACTION, which was tried before Armfield, J., at August Term, 1889, of JOHNSTON Superior Court.
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Cause of Action — Dismissal of Appeal — Reformation of Deed— Pleading. This is a civil ACTION, which was tried before Armfield, J., at August Term, 1889, of JOHNSTON Superior Court. The plaintiff alleges that he executed to one Isham McLam, the ancestor of the defendants, a certain absolute deed in fee, conveying the land mentioned in the complaint; that, at the time of the execution of said conveyance, the plaintiff was indebted to the said McLam in the sum of sixty dollars, and that the said conveyance was intended as a mortgage; “that the plaintiff objected to the execution of the said…
1Opinion of the CourtShepherd, J.
— after stating the case: It is unnecessary to consider the correctness of his Honor’s rulings, inasmuch as we are of the opinion that the complaint does not state facts sufficient to constitute a' cause of action. It is the duty of this Court to examine the entire record, and if no cause of action is stated, to dismiss the suit ex mero motu. Johnson v. Finch, 93 N. C., 208, and the cases cited.
It is well settled “that in order to convert a deed absolute on its face into a mortgage, it must be alleged, and of course proved, that the clause of redemption was omitted by reason of ignorance,…
2Cases cited3 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Egerton v. JonesSupreme Court of North Carolina · 1889
3Cited by15 opinions
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Porter v. White.Supreme Court of North Carolina · 1901
- Chilton v. . SmithSupreme Court of North Carolina · 1920
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