Legal Opinion · Dissent

Atkinson v. Atkinson

Supreme Court of North Carolina

Decided April 18, 1945Published

1DissentStacy, C. J.

It is in evidence tbat tbe plaintiff conveyed bis interest and equity in $50,000 worth of property to bis brother and *133tbe defendant on the terms set out in the letter of 12 June, 1932. Conceding that no fraud in the treaty has been shown and that the prayer of the complaint may be too broad, still it does not follow that the defendant is entitled to go without day and recover her costs.

The only consideration moving to the plaintiff was that mentioned in the letter of 12 June, 1932, to wit: .“For this you shall have % the net proceeds of the farm, mill, etc., each year. If the lumber can be…

2Cases cited26 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. Gaylord v. GaylordSupreme Court of North Carolina · 1909
  3. Gaylord v. . GaylordSupreme Court of North Carolina · 1909
  4. Sykes v. Boone.Supreme Court of North Carolina · 1903
  5. Avery v. . StewartSupreme Court of North Carolina · 1904

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