Mason v. . Pelletier
Supreme Court of North Carolina
Civil ActioN tried at Eall Term, 1876, of Carteret Superior Court, before McKoy, J. This action was brought, for the cancellation of a deed made by plaintiff to defendant, upon the ground of the fraudulent misrepresentation of a fact by the defendant to induce the plaintiff to execute the deed ; and this was the issue submitted to the jury.
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Civil ActioN tried at Eall Term, 1876, of Carteret Superior Court, before McKoy, J. This action was brought, for the cancellation of a deed made by plaintiff to defendant, upon the ground of the fraudulent misrepresentation of a fact by the defendant to induce the plaintiff to execute the deed ; and this was the issue submitted to the jury. It appeared in evidence that certain lands, of which the tract conveyed in said deed was a part, had long been the subject of litigation between one Edward Hill (now dead) and one Matthew Mason, (also dead,) the husband and devi-sor of the plaintiff, and…
1Opinion of the CourtHaircloth, J.
The distinction between those cases in which there is some evidence, and those in which there is-none, touching a material matter, is familiar.
In the former case the Court submits the evidence to the jury, with an explanation of the law applicable to the case., but in the latter the Court tells the jury that there is no evidence for them to consider,-and at once withdraws it from their consideration.
This rule applied to the present case entitles the defendant to a new trial.
The object of the action is to have the plaintiff’s deed to the defendant surrendered and cancelled, on the ground that…
2Cited by2 opinions
- Mason v. . PelletierSupreme Court of North Carolina · 1880
- Mason v. . PelletierSupreme Court of North Carolina · 1879