Harding v. . Long
Supreme Court of North Carolina
This was a special PROCEEDING- for dower, begun before ■the Clerk of theSuperiorCourtofYADKiN County, transferred to the Superior Court in term for trial,' and tried before Philips, J, and a jury, at Spring Term, 1889, of Yadkin Superior Court. There was a verdict and judgment in favor of the plaintiffs, and the defendants appealed.
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This was a special PROCEEDING- for dower, begun before ■the Clerk of theSuperiorCourtofYADKiN County, transferred to the Superior Court in term for trial,' and tried before Philips, J, and a jury, at Spring Term, 1889, of Yadkin Superior Court. There was a verdict and judgment in favor of the plaintiffs, and the defendants appealed. The defendant Mary E. Harding had executed a deed for her unassigned dower in the lands of her deceased husband, to the plaintiffs, who were his brothers, for the consideration of two hundred and seventy-five dollars. When the plaintiffs asked, before the Clerk in…
1Opinion of the CourtAvery, J.
(after stating the facts). We think that the Judge who tried the case erred in instructing the jury as to the measure of testimony required to establish the allegation, that the execution of the deed had been procured by fraud or undue influence.
Defendant asked the Court to instruct the jury :
“ That if the price paid by the plaintiffs was so inadequate as to amount to apparent fraud, or the situation of the parties so unequal as to give the plaintiffs the opportunity of making their own terms, that the burden rests on the plaintiffs to show that the transaction was fair, and that there was no…
2Cases cited9 opinions
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