Mangum v. Surles

SHARP, Justice.

Plaintiff’s assignments of error raise two questions for consideration: Did the trial judge err (1) in denying plaintiff’s motion to amend her complaint to allege fraud in conformity with the evidence and (2) in refusing to submit the issue whether defendants had fraudulently obtained plaintiff’s signature to the deed in suit.

The threshold question is whether the Court of Appeals erred in holding that the record contained no evidence tending to show that defendants procured the execution of the deed by fraud. Obviously, if plaintiff produced no such evidence, the proposed…