Harshaw v. . McCombs and Others
Supreme Court of North Carolina
Bill, for the cancellation of a deed, filed to Fall Term 1866' of the Court of Equity for Cheroxee. The bill was subsequently amended, and a demurrer put in; whereupon the demurrer was set down for argument, and the-cause, at Spring Term 1868, was transmitted to this Court by consent.
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Bill, for the cancellation of a deed, filed to Fall Term 1866' of the Court of Equity for Cheroxee. The bill was subsequently amended, and a demurrer put in; whereupon the demurrer was set down for argument, and the-cause, at Spring Term 1868, was transmitted to this Court by consent. The bill alleged that in the year 1865, the plaintiff, in order to induce his only child, a son of sixteen years of age, h> refrain from certain habits and associations into which he had fallen, executed a deed of bargain and sale, conveying to the defendant McCombs all of a large estate, real and personal,, of…
1Opinion of the CourtBattle, J.
The bill was filed for the purpose of procuring the cancellation of a certain deed of conveyance therein mentioned. The demurrer presents the question whether the plaintiff has set forth such a case as entitles him to call on the -defendants for an answer.
It is now well settled that the grantor or donor cannot call :in the aid of a Court of Equity to have his deed cancelled, unless he can show that it was obtained from him by surprise or mistake, want of freedom, undue influence, the suggestion of a falsehood, or the suppression of the truth, Gunter v. Thomas, 1 Ire. Eq. 199; Green v.…
2Cited by4 opinions
- McLane v. . ManningSupreme Court of North Carolina · 1864
- Garrow v. . BrownSupreme Court of North Carolina · 1864
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1874
- Witherspoon v. . CarmichaelSupreme Court of North Carolina · 1848