Nelson v. Harris

HEDRICK, Judge.

By assignments of error 1 and 2 based on numerous exceptions duly noted in the record, defendants contend the court erred in admitting the testimony of Allie Nelson and the lawyer who prepared the several deeds. Defendants argue that this testimony violated the parol evidence rule.

In an action to reform a deed for mutual mistake, parol evidence is admissible to prove that due to the mutual mistake of the parties, the deed does not express the actual intent of the parties. Hubbard and Co. v. Horne, 203 N.C. 205, 165 S.E. 347 (1932). “A witness in a position to know may testify…