Hill v. Gettys.
Supreme Court of North Carolina
Actios by J. L. Hill and others against P. E. Gettys and others, heard by Judge E. B. Jones and a jury, at January (Special) Term, 1904, of the Superior Court of Rutherford County. This is a civil action, invoking the equitable power of the Court to set aside a mortgage executed by the plaintiffs to the defendant C. 0. Gettys, for that same was without any consideration and the execution thereof was procured by the false and fraudulent representations of the mortgagee.
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Actios by J. L. Hill and others against P. E. Gettys and others, heard by Judge E. B. Jones and a jury, at January (Special) Term, 1904, of the Superior Court of Rutherford County. This is a civil action, invoking the equitable power of the Court to set aside a mortgage executed by the plaintiffs to the defendant C. 0. Gettys, for that same was without any consideration and the execution thereof was procured by the false and fraudulent representations of the mortgagee. The defendant at the close of the plaintiffs’ testimony moved the Court for a judgment of nonsuit, and upon the refusal to…
1Opinion of the CourtCoNNOE, J.
The only assignment of error in the record is the refusal of his Honor to dismiss the action as upon non-suit at the conclusion of the evidence. The testimony on behalf of the plaintiffs tended to show that W. S. Hill, Sr., the husband of the feme plaintiff, was indebted to Eranlc Coxe in the sum of about $85, to S. Gallert in the sum of about $55, and to the defendant P. E. Gettys in the sum of $360, subject to certain credits; that said debt was tainted with usury; that the several debts were secured by mortgage on the land of W. S. Hill, Sr., who was insane; that Coxe and Gallert held…
2Cases cited2 opinions
- Des Farges v. . PughSupreme Court of North Carolina · 1885
- Bobbitt v. . StantonSupreme Court of North Carolina · 1897
3Cited by25 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1942
- Lloyd v. SmithSupreme Court of Virginia · 1928
- Braddy v. . ElliottSupreme Court of North Carolina · 1908
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Palmetto Bank & Trust Co. v. GrimsleySupreme Court of South Carolina · 1926
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