Sprague v. . Bond
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1894, of Caldwell Superior Court, before Winston, J., and a jury. The nature and history of the action, and the facts developed on the various trials of the same, appear in the reports of the several appeals — see 108 N. C., 382; 111 N. C., 425, 113 N. C., 551 — and the facts necessary to the understanding of the decision of this appeal appear in the opinion of Chief Justice Shepherd.
1Opinion of the Court
Shepherd, C. J.:
Several exceptions are presented in the record, but, in order to dispose of the appeal, it is only necessary to consider the ruling of his Honor in reference to the deed executed by the plaintiff to the defendant Rebecca B. Adams. This deed is absolute in its terms, and recites that it was made in consideration of $2,000 paid by the grantee. The plaintiff contends that this deed was intended as a security for certain indebtedness, but there is no allegation that the clause of defeasance was omitted by reason of a mistake of the draughtsman. Indeed, it appears that the…
2Cases cited5 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Norris v. . McLamSupreme Court of North Carolina · 1889
- Egerton v. JonesSupreme Court of North Carolina · 1889
- Green v. SherrodSupreme Court of North Carolina · 1890
- Link v. . LinkSupreme Court of North Carolina · 1884
3Cited by12 opinions
- Porter v. White.Supreme Court of North Carolina · 1901
- Newton v. . ClarkSupreme Court of North Carolina · 1917
- Coxe v. . CarsonSupreme Court of North Carolina · 1915
- Williamson v. RabonSupreme Court of North Carolina · 1919
- Chilton v. . SmithSupreme Court of North Carolina · 1920
7 more not listed; retrieve them via the Exa API.