Howard v. . Turner
Supreme Court of North Carolina
Civil AotioN to set aside a deed for want of consideration and alleged fraud and intimidation, tried before Bryan, J., and a jury at March Term, 1899, of OeaNgb County. The complaint alleged a want of consideration, and false representations and threats of prosecution by the defendant towards the plaintiff. The answer denied the allegations of the complaint.
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Civil AotioN to set aside a deed for want of consideration and alleged fraud and intimidation, tried before Bryan, J., and a jury at March Term, 1899, of OeaNgb County. The complaint alleged a want of consideration, and false representations and threats of prosecution by the defendant towards the plaintiff. The answer denied the allegations of the complaint. Both parties testified, and each contradicted the other, and sustained by his evidence the allegations of his own pleadings. Two issues were submitted to the jury. One as to the want of consideration; the other as to the intimidation.…
1Opinion of the CourtFueches, J.
In 1894, the plaintiff bought a lot in the town of Hillsboro, at public sale, for $75, paid $25 thereon, gave two notes of $25 each for the balance 'of the purchase money, on one of which notes he has since paid $10, and has paid nothing more.
On the 1st day of September, 1896, the plaintiff executed a deed to the defendant, Devereux Turner, conveying said lot to him, and this action is brought to set aside and cancel that deed. The plaintiff asks this relief upon two grounds: First, that said deed was made without consideration, and, secondly, that it was made through fraud and undue…
2Cases cited6 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Southerland v. . HunterSupreme Court of North Carolina · 1885
- Hodges Bros. v. LassiterSupreme Court of North Carolina · 1887
- Elizabeth Ivey v. . Sarah A. GranberrySupreme Court of North Carolina · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. SmithSupreme Court of North Carolina · 1959
- Bank v. . GilmerSupreme Court of North Carolina · 1895
- Puffer v. . LucasSupreme Court of North Carolina · 1893
- Cowies v. Lovin.Supreme Court of North Carolina · 1904
- Edwards v. BattsSupreme Court of North Carolina · 1957
3 more not listed; retrieve them via the Exa API.