Legal Opinion

Lamb v. Perry

Supreme Court of North Carolina

Decided September 15, 1915PublishedCited by 21 opinions

Appeal by plaintiff from Justice, J., at the January Term, 1915, of PERQUIMANS. This action was brought to set aside two deeds for three tracts of land: (1) The B. F. Lamb Home Place, containing 30 acres. (2) The swamp land containing 210 acres, and (3) the pocosin land containing 110 acres. The deeds were made by the plaintiff to the defendants for one-fourth interest in the said lands, which plaintiff inherited from his father.

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Appeal by plaintiff from Justice, J., at the January Term, 1915, of PERQUIMANS. This action was brought to set aside two deeds for three tracts of land: (1) The B. F. Lamb Home Place, containing 30 acres. (2) The swamp land containing 210 acres, and (3) the pocosin land containing 110 acres. The deeds were made by the plaintiff to the defendants for one-fourth interest in the said lands, which plaintiff inherited from his father. It was alleged in the complaint that the deeds were void by reason (1) of the mental incapacity of the plaintiff, and (2) undue influence exerted by the defendants…

1Opinion of the Court

Walker, J.,

after stating tbe case: Tbe court having held tbat there was no evidence to sustain either cause of action, tbe one as to mental incapacity or tbe other as to undue influence, wbicb is another and milder name for fraud, we must apply tbe familiar rule in cases of nonsuit, and construe tbe evidence most favorably for tbe plaintiff, and every fact essential to tbe cause of action wbicb it tends to prove must be taken to be established, as tbe jury, if the case bad been submitted to them, might have found tbe facts to be as alleged by tbe plaintiff and contrary to tbe contention and…

2Cases cited14 opinions

  1. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  2. Harding v. . LongSupreme Court of North Carolina · 1889
  3. Hodges v. WilsonSupreme Court of North Carolina · 1914
  4. Griffith v. GodeySupreme Court of the United States · 1885
  5. Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
  2. Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
  3. Grimes v. . AndrewsSupreme Court of North Carolina · 1915
  4. Ray v. . PattersonSupreme Court of North Carolina · 1915
  5. Hodges v. . WilsonSupreme Court of North Carolina · 1914

16 more not listed; retrieve them via the Exa API.

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