Caudle v. . Morris
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at October Term, 1911, of Wake. Civil action. These issues were submitted by the court to the jury: 1. Was the execution of the deed from A. B. Emery to Ms son Yance procured by fraud and undue influence? Answer: No. 2. Did the defendant Bryant Smith acquire title to the lands in question under the deed from J. C. L. Harris, commissioner, to him? Answer: No. 3. Is the plaintiff Mrs. Loretta Caudle, as devisee, entitled to recover the…
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Appeal by plaintiff from Peebles, J., at October Term, 1911, of Wake. Civil action. These issues were submitted by the court to the jury: 1. Was the execution of the deed from A. B. Emery to Ms son Yance procured by fraud and undue influence? Answer: No. 2. Did the defendant Bryant Smith acquire title to the lands in question under the deed from J. C. L. Harris, commissioner, to him? Answer: No. 3. Is the plaintiff Mrs. Loretta Caudle, as devisee, entitled to recover the lands described in the complaint? Answer: No. 4. Did A. B. Emery at the time he signed the deed to A. Yance Emery have…
1Opinion of the CourtBeowN, J.
This action was brought to recover possession of certain tracts of land from defendant Bryant Smith, to whom they were attempted to be conveyed by J. C. L. Harris, commissioner. Tbe land was originally tbe property of A. B. Emery. Tbe findings of tbe jury (not excepted to) confirm tbe title of bis son, A. Yance Emery, and destroy tbe title of Bryant Smith.
It is admitted in tbe record that Yance Emery died intestate, leaving no - child, and that tbe three feme plaintiffs named in tbe judgment are his. heirs at law and next of kin, and that the defendant Mollie is his widow, and that defendant…
2Cases cited3 opinions
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Hinson Cummings v. . Adrian VollersSupreme Court of North Carolina · 1885
- Watts v. LeggettSupreme Court of North Carolina · 1872
3Cited by15 opinions
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- McCullen v. DurhamSupreme Court of North Carolina · 1948
- McCullen v. . DurhamSupreme Court of North Carolina · 1948
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- Cheek v. . WaldenSupreme Court of North Carolina · 1928
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