Harrelson v. . Cox

We think there was error in dismissing the action as upon demurrer to the complaint. Where a mortgagee takes from his mortgagor a deed for the mortgaged premises, under circumstances such as here alleged, the transaction is open to investigation, with the burden of fairness upon the mortgagee. Hinton v. West, post, 708; Jones v. Williams, 176 N. C., 245, 96 S. E., 1036; Cole v. Boyd, 175 N. C., 555, 95 S. E., 778; Jones v. Pullen, 115 N. C., 465, 20 S. E., 624. In this jurisdiction the principle is often referred to as the “doctrine of McLeod v. Bullard ” 84 N. C., 516, approved on rehearing,…