Linker v. . Linker
Supreme Court of North Carolina
Appeal by tbe defendants from Adams, Jat August Term,. 1914, of Cab ARBUS. Civil action, tried upon these issues: 1. Did Jackson Linker sign and deliver to Paul Linker tbe deed set out in tbe complaint, dated 25 September, 1912? Answer: “No.” 2. If so, did said Jackson Linker bave sufficient mental capacity to understand wbat property be was disposing of, tbe person to whom be was selling it, and tbe purpose for wbicb be was disposing of said property.? From the judgment…
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Appeal by tbe defendants from Adams, Jat August Term,. 1914, of Cab ARBUS. Civil action, tried upon these issues: 1. Did Jackson Linker sign and deliver to Paul Linker tbe deed set out in tbe complaint, dated 25 September, 1912? Answer: “No.” 2. If so, did said Jackson Linker bave sufficient mental capacity to understand wbat property be was disposing of, tbe person to whom be was selling it, and tbe purpose for wbicb be was disposing of said property.? From the judgment rendered, the defendant appealed.
1Opinion of the CourtBeowN, J.
This action is brought to set aside a deed made by Jackson Linker and wife on 25 September, 1912, to Paul Linker, conveying a certain tract of land therein described for the recited consideration of $400: First, upon the ground that the said deed, although duly registered on 11 October, 1912, after the death of Jackson Linker, had in fact never been executed and delivered; second, upon the further ground that at the time of the alleged execution of the said deed the said. J ackson Linker did not have sufficient mental capacity to execute the said deed. There was a further allegation bf fraud…
2Cases cited3 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Cornelius v. . CorneliusSupreme Court of North Carolina · 1860
3Cited by10 opinions
- Myrtle Apartments, Inc. v. Lumbermen's Mutual Casualty Co.Supreme Court of North Carolina · 1962
- Reynolds v. MurphSupreme Court of North Carolina · 1954
- Barbee v. Board of CommissionersSupreme Court of North Carolina · 1936
- Johnson v. . JohnsonSupreme Court of North Carolina · 1948
- Cannon v. . BlairSupreme Court of North Carolina · 1948
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