Legal Opinion

Bell v. . McCoin

Supreme Court of North Carolina

Decided September 27, 1922PublishedCited by 4 opinions

Appeal by defendants from Ferguson, J., at Special April Term, 1922, of YaNCE. Civil action to cancel a voluntary deed of trust. On 1 December, 1920, tbe plaintiff, Mrs. Mabel K. Bell, witb tbe written assent of ber busband, since divorced, executed a voluntary deed of trust conveying all of ber property to E. S. McCoin, trustee, for tbe use and benefit of berself and ber four minor cbildren.

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Appeal by defendants from Ferguson, J., at Special April Term, 1922, of YaNCE. Civil action to cancel a voluntary deed of trust. On 1 December, 1920, tbe plaintiff, Mrs. Mabel K. Bell, witb tbe written assent of ber busband, since divorced, executed a voluntary deed of trust conveying all of ber property to E. S. McCoin, trustee, for tbe use and benefit of berself and ber four minor cbildren. This is a proceeding in equity to cancel said trust deed upon the ground that the same was executed under a misapprehension of the facts — the alleged mistaken facts being set out in detail in the…

1Opinion of the CourtStacy, J.

As now advised, we see no reason why the deed in question should not be canceled by order of court, if it should ajjpear, as alleged, that the same was executed under a misapprehension of the facts, and that the provisions of the trust thereby created have proven to be ill-advised, improvident, and impossible of fulfillment; and further, that such a cancellation would be to the best interest of all concerned— resulting in preventing an irreparable loss — but,,on the instant record, we must remand the cause, to the end that the facts may be found or established. It is evident that the learned…

2Cited by4 opinions

  1. Etheridge v. WescottSupreme Court of North Carolina · 1956
  2. Durner v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1934
  3. Durner v. HoodSupreme Court of North Carolina · 1934
  4. Sternberg v. . CrohonSupreme Court of North Carolina · 1916

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