Reed v. . Exum
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Wayne Superior Court, before Avery, J. In this action, commenced on February 28th, 1876, the plaintiff demands the surrender for cancellation of a deed, conveying the land described in the complaint, executed by him to the defendant in 1862, as he alleges, under duress, the restoration of possession, and damages as rent during the defendant's occupation.
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Civil Action tried at Spring Term, 1880, of Wayne Superior Court, before Avery, J. In this action, commenced on February 28th, 1876, the plaintiff demands the surrender for cancellation of a deed, conveying the land described in the complaint, executed by him to the defendant in 1862, as he alleges, under duress, the restoration of possession, and damages as rent during the defendant's occupation. Issues, eliminated from the pleadings, were prepared and submitted to the.jury, which with their findings are as follows : 1. Was the deed from the plaintiff to the defendant, mentioned in the…
1Opinion of the Court
Smith, O. J.
The deed, though found by the jury to have been obtained by duress, was not for that reason void, but Capable of being avoided or confirmed at the election of the grantor. “All grants that are made by duress are voidable by the parties that make them, or others that have their estates,” and they may be validated. 2 Shep. Touch., 233, 238; Bacon’s Ab., Title, Duress, D; Somere v. Pumphrey, 24 Ill., 231; Deputy v. Stapleford, 19 Cal., 302. They should be avoided in a reasonable time after the vitiating force which produced the act has ceased to operate, and a long unexplained delay…
2Cases cited3 opinions
- Deputy v. Stapleford & WillisCalifornia Supreme Court · 1861
- Brown v. PeckWisconsin Supreme Court · 1853
- School Inspectors v. HughesIllinois Supreme Court · 1860
3Cited by10 opinions
- Jones v. . SandlinSupreme Court of North Carolina · 1912
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1887
- Housing, Inc. v. WeaverCourt of Appeals of North Carolina · 1978
- Carter v. . CarterSupreme Court of North Carolina · 1921
- Jones v. . CoffeySupreme Court of North Carolina · 1891
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