Dula v. . Young
Supreme Court of North Carolina
; Civil ACTION, to recover a tract of laud, tried at the Fall 'Term, 1873, of Wimes Superior Conrt, before his Honor, . Judge Mitohell and a jury.
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; Civil ACTION, to recover a tract of laud, tried at the Fall 'Term, 1873, of Wimes Superior Conrt, before his Honor, . Judge Mitohell and a jury. The plaintiffs, children and heirs-at-law of John Wither-spoon, the intestate of the defendant, Clark, and his wife Elizabeth, allege that in 1842, tiieir ancestor John was seized, in right of his wife, of a tract of land, known as the “ Calloway tract,” which he sold, and in order to obtain the consent of his wife to the sale, agreed, if she would sign the deed conveying the Calloway tract, that he would purchase for her the Elk farm tract, which…
1Opinion of the Court
Settle,!.
We do not think that the plaintiffs, have had fair measure. After the evidence had all been submitted and argued to the jury, the Court told the jury “that the plaintiffs were not entitled to recover in any event, and if the issues were found for the plaintiffs he would set aside the verdict.” Afterwards the Court said, “the jury can take the issues and pass upon them and say how the matter was.”
This manner of submitting the issues was calculated to throw the jury off their guard and to prejudice the rights of the plaintiffs.
Why consider the evidence with that care and attention,…
2Cited by15 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
- George v. . HighSupreme Court of North Carolina · 1881
- Cunningham v. . BellSupreme Court of North Carolina · 1880
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