Legal Opinion

Costen v. . McDowell

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 10 opinions

This was a civil actioN, tried at -August Term, 1889, of CLEVELAND Superior Court, before Connor, J. The facts are set out in the opinion.

1Opinion of the Court

Shepherd, J.:.

1. The plaintiff, the sole heir at law of Nancy Baxter, alleges that the deed executed by the latter to the defendant was without consideration, and was procured by fraud and undue influence. It appears that the defendant was the general agent of the said Nancy (who was an infirm widow), and that in 1860 she conveyed her lands to him, reserving a life-estate in herself. It also appears that defendant continued to act as such agent (except when absent in the army during the late war) until the death of the said Nancy in 1884, and that, from time to time, he made advances in'…

2Cases cited2 opinions

  1. State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
  2. Drake v. . DrakeSupreme Court of North Carolina · 1880

3Cited by10 opinions

  1. Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
  2. Hardison v. GregorySupreme Court of North Carolina · 1955
  3. Worth v. . WrennSupreme Court of North Carolina · 1907
  4. Smith v. SmithSupreme Court of North Carolina · 1964
  5. Steele v. Citizens State BankSupreme Court of Kansas · 1924

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