Pritchard v. Smith
Supreme Court of North Carolina
Appeal by defendant from Foushee, J., at February Term, 1912, of CRAVEN. Tbis is a civil action brought by the plaintiffs, heirs at law of Benjamin Pritchard, deceased, to recover the sum of $1,000 for the fraudulent purchase and subsequent sale of land, and for the cancellation of deeds alleged to have been fraudulently procured by the defendant from plaintiff’s ancestor. The case was tried before his Honor, II.
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Appeal by defendant from Foushee, J., at February Term, 1912, of CRAVEN. Tbis is a civil action brought by the plaintiffs, heirs at law of Benjamin Pritchard, deceased, to recover the sum of $1,000 for the fraudulent purchase and subsequent sale of land, and for the cancellation of deeds alleged to have been fraudulently procured by the defendant from plaintiff’s ancestor. The case was tried before his Honor, II. A. Foushee, judge, and a jury,' at the February Term, 1912, of Graven County Superior Court. Benjamin Pritchard was an old and ignorant negro, who could not read or write. He bad…
1Opinion of the Court
WaleeR, J.,
after stating the case: The plaintiffs have elected, in this case, to sue for the value of the land or their equity of redemption therein-, instead of canceling the entire transactions which culminated in the fraudulent acquisition of the title to the several tracts of land belonging to the 'ancestor, Benjamin Pritchard; but the settlement between the parties has been conducted, under the perfectly fair and benign charge of the learned judge, upon principles obtaining in chancery, where the jurisdiction exercised is more flexible and tolerant than it would be strictly at law.…
2Cases cited16 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Conley v. NailorSupreme Court of the United States · 1886
- Holland v. AndersonSupreme Court of Missouri · 1866
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3Cited by15 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- Lockridge v. SmithSupreme Court of North Carolina · 1934
- Daniel v. . DixonSupreme Court of North Carolina · 1913
- Dixon v. GreenSupreme Court of North Carolina · 1919
- Stern v. Hyman Bros.Supreme Court of North Carolina · 1921
10 more not listed; retrieve them via the Exa API.