Carman v. . Page
Supreme Court of North Carolina
Cause removed from the Court -of Equity of Carteret ■county. The bill seeks to have a conveyance of certain land and ■slaves set aside, on the ground of fraud practised in procuring it. It alleges that the plaintiff was joint-owner with her sister, one Mary Heath, -of a remainder in a valuable lot of slaves, dependant upon a life-estate in one Edmund Heath, which slaves, it alleges, were worth ten or twelve thousand dollars.
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Cause removed from the Court -of Equity of Carteret ■county. The bill seeks to have a conveyance of certain land and ■slaves set aside, on the ground of fraud practised in procuring it. It alleges that the plaintiff was joint-owner with her sister, one Mary Heath, -of a remainder in a valuable lot of slaves, dependant upon a life-estate in one Edmund Heath, which slaves, it alleges, were worth ten or twelve thousand dollars. The bill further alleges, that in the summer of 1857, «defendant applied to plaintiff to purchase her interest in said slaves, having several times before importuned her…
1Opinion of the CourtPeabsoN, C. J.
The allegations of the bill are not sustained by the proof. It is not proved that the plaintiff was of unsound mind at the time of the dealing mentioned in the pleadings. There is no proof that any fraud or artifice was. resorted to, for the purpose of inducing her to sell. Both parties had full time for deliberation, and the deeds were executed without secrecy, and attested by a respectable witness. So, the plaintiff has no ground to stand on, except the allegation of gross inadequacy of the price, which is not sufficient to set aside a deed, although it is a strong circumstance, tending…
2Cited by2 opinions
- Forbes v. . HarrisonSupreme Court of North Carolina · 1921
- Wood v. . ReevesSupreme Court of North Carolina · 1859