Hill v. . Hill
Supreme Court of North Carolina
Appeax by both.parties from Calvert, J., at June Term, 1918, of LENOIR. This is an action to correct a deed, tbe plaintiff alleging tbat it was tbe intent of tbe parties tbat it should convey to ber a fee-simple estate. ' Tbe premises and habendum of tbe deed are as follows: “That tbe said parties of tbe first part, for and in consideration of tbe conveyance to tbe said parties of tbe first part by said party of tbe second part, of all ber interest in tbe personal property…
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Appeax by both.parties from Calvert, J., at June Term, 1918, of LENOIR. This is an action to correct a deed, tbe plaintiff alleging tbat it was tbe intent of tbe parties tbat it should convey to ber a fee-simple estate. ' Tbe premises and habendum of tbe deed are as follows: “That tbe said parties of tbe first part, for and in consideration of tbe conveyance to tbe said parties of tbe first part by said party of tbe second part, of all ber interest in tbe personal property of tbe late Amos Stroud, Sr., deceased, tbe receipt of which is hereby acknowledged, have bargained and sold, and by…
1Opinion of the CourtAlleN, J.
Tbe evidence for tbe plaintiff shows tbat Amos Stroud, Sr., made advancements in land and money to all of bis children, except tbe plaintiff, prior to bis death, and tbat tbe deed, which tbe plaintiff wishes to correct, was executed by bis heirs, but there is no evidence tbat tbe deed is not as it was intended by tbe grantors and tbe grantees; and tbe plaintiff, examined in ber own behalf, did not offer to testify to any mistake or tbat there was any previous agreement with ber father or tbe heirs with which the deed does not conform. On the contrary, the evidence of the witnesses for the…
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