Cole v. . Stokes
Supreme Court of North Carolina
Civil ACTION, tried before Bryan, J., and a jury, at August Term, 1892, of PersoN Superior Court. As a defence to the action for the recovery of the share of Thomas Stokes, alleged to be due the plaintiff’s intestate, the executor of Thomas Stokes, set up an assignment, not under seal, dated May 1, 1890, by which plaintiff conveyed to the defendant in his own right the interest in the estate of said Stokes, to which the plaintiff, being the sole heir and distributee of his…
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Civil ACTION, tried before Bryan, J., and a jury, at August Term, 1892, of PersoN Superior Court. As a defence to the action for the recovery of the share of Thomas Stokes, alleged to be due the plaintiff’s intestate, the executor of Thomas Stokes, set up an assignment, not under seal, dated May 1, 1890, by which plaintiff conveyed to the defendant in his own right the interest in the estate of said Stokes, to which the plaintiff, being the sole heir and distributee of his wife, was entitled, including a tract of land devised to plaintiff’s wife by the testator. At the date of the assignment…
1Opinion of the Court
Shepherd, C. J.:
In order to dispose of this appeal, it is only necessary to determine whether there was error on the part of his Honor in charging the jury that the burden was upon the plaintiff to establish the fraud alleged in the replication and embodied in the first issue.
The plaintiff is the administrator and sole distributee and heir of his deceased wife Caroline Cole, and he brings this action against the defendant, who is the executor of Stokes, deceased, to recover the amount due his intestate under the will of her father, the said Stokes. The defendant denies his liability and…
2Cases cited4 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- McLeod v. . BullardSupreme Court of North Carolina · 1882
- Atkins v. . WithersSupreme Court of North Carolina · 1886
- Stilly v. . RiceSupreme Court of North Carolina · 1872
3Cited by12 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Bettendorf v. BettendorfSupreme Court of Iowa · 1920
- Hayes v. PaceSupreme Court of North Carolina · 1913
- Jones v. . PullenSupreme Court of North Carolina · 1894
- Lockridge v. SmithSupreme Court of North Carolina · 1934
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