Riggan v. . Sledge
Supreme Court of North Carolina
Civil actioN, for the recovery of land, tried before Winston, J., and a jury, at Fall Term, 1894, of Warbjsn Superior Court. The land sought to be recovered was the property of the defendant who, together with her husband, had executed a mortgage thereon to secure a debt to the plaintiff. A sale had been held under the mortgage at which one IT had bid it off but failing to pay the purchase money, he took a deed and reconveyed to plaintiff.
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Civil actioN, for the recovery of land, tried before Winston, J., and a jury, at Fall Term, 1894, of Warbjsn Superior Court. The land sought to be recovered was the property of the defendant who, together with her husband, had executed a mortgage thereon to secure a debt to the plaintiff. A sale had been held under the mortgage at which one IT had bid it off but failing to pay the purchase money, he took a deed and reconveyed to plaintiff. The answer alleged that the execution of the mortgage on the part of the owner had been procured through the fraud and deceit of her husband. The answer…
1Opinion of the Court
'ClabK, J.:
The appellant avers in his affidavit an omission of the trial J udge to include in the case settled by him certain evidence deemed material by appellant and further his belief that His Honor will make the correction if given an opportunity.
It has been repeatedly held by this Court that the application is insufficient unless it also sets out the ground of such belief that the Court may judge of its reasonableness. Porter v. Railroad, 97 N. C., 63; Lowe v. Elliott, 107 N. C., 718, and other cases cited in Clark’s Code (2nd Ed.) 549. It is usual to append the .Judge’s letter to that…
2Cases cited5 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- State v. . RileySupreme Court of North Carolina · 1893
- State v. . ShuleSupreme Court of North Carolina · 1849
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- City National Bank of Norfolk v. BridgersSupreme Court of North Carolina · 1894
3Cited by7 opinions
- Smith v. Commercial BankSupreme Court of Florida · 1919
- Wachovia National Bank v. IrelandSupreme Court of North Carolina · 1898
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
- Calvert v. . AlveySupreme Court of North Carolina · 1910
- Benedict v. Jones.Supreme Court of North Carolina · 1901
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