Van Gilder v. . Bullen
Supreme Court of North Carolina
Appeal from Whedbee, J., at February Term, 1912, of UNION. Thomas S. Hemby, being the owner of the land hereinafter referred to, situate in Union County, died leaving a will of date 23 April, 1883, in which he devised said land to ~W. S. Hemby for life, and after his death to his children, if he left any, and if not, to D. J. Hemby.
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Appeal from Whedbee, J., at February Term, 1912, of UNION. Thomas S. Hemby, being the owner of the land hereinafter referred to, situate in Union County, died leaving a will of date 23 April, 1883, in which he devised said land to ~W. S. Hemby for life, and after his death to his children, if he left any, and if not, to D. J. Hemby. On 23 October, 1903, the said ~W. S. Hemby conveyed said land to M. L". Dunlap, of the city of Chicago, by mortgage deed, to secure a note for $2,000, payable to said Dunlap, which mortgage deed purported to be in fee, but contained no covenants. , On the same…
1Opinion of the Court
Allen, J.,
after stating the facts: The rulings of his Honor are upon the ground that the plaintiff is entitled to the judgment rendered, although the defendant may establish his contention that a fraud was practiced upon him and that the plaintiff .was a party to it, and we must consider the ease and determine the rights of the parties as if these facts were proven.
Assuming, then, for the purposes of the appeal, that the plaintiff and W. S. Hemby conspired to defraud the defendant, that pursuant to this conspiracy they represented to him that Hemby was the owner in fee of the land conveyed to…
2Cases cited17 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Merryman v. BourneSupreme Court of the United States · 1870
- Sands v. DavisMichigan Supreme Court · 1879
- Peele v. PowellSupreme Court of North Carolina · 1911
- Averill v. WilsonNew York Supreme Court · 1848
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3Cited by17 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- Hutchins v. DavisSupreme Court of North Carolina · 1949
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Daniel Boone Complex, Inc. v. FurstCourt of Appeals of North Carolina · 1979
- Drake v. . HowellSupreme Court of North Carolina · 1903
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