Bond v. Manufacturing Co.
Supreme Court of North Carolina
ActioN by Stewart Bond and others against Branning Manufacturing Co. and others, heard by Judge B. F. Long and a jury, at the Fall Term, 1905, of the Superior Court of BERTIE. This was an action to vacate and avoid a deed made by the ancestor of plaintiff to defendant John Darden, who thereafter conveyed the land and timber on the land to defendant, Branning Manufacturing Company.
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ActioN by Stewart Bond and others against Branning Manufacturing Co. and others, heard by Judge B. F. Long and a jury, at the Fall Term, 1905, of the Superior Court of BERTIE. This was an action to vacate and avoid a deed made by the ancestor of plaintiff to defendant John Darden, who thereafter conveyed the land and timber on the land to defendant, Branning Manufacturing Company. Plaintiff urged mental incapacity on the part of the grantor and undue influence by the defendant grantee. By consent the issue in regard to the second cause of action was answered in the negative. The jury answered…
1Opinion of the CourtConnor, J.
But two exceptions were urged in this court. The plaintiff requested the court to instruct the jury: “It requires more mental capacity to execute a deed than a will, and while it is sufficient proof to show that a person knows the nature of the property he undertakes to will away, and to whom' he wills it, that amount of mental capacity alone will not be sufficient in a person undertaking to execute a deed.” His Honor declined to give the instruction and the plaintiff excepted.
There are several objections to the instruction. There was no issue involving .the several degrees of mental capacity…
2Cases cited11 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Williams v. . HaidSupreme Court of North Carolina · 1896
- Paine v. . RobertsSupreme Court of North Carolina · 1880
- Doe on Demise of Moffit v. WitherspoonSupreme Court of North Carolina · 1849
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Will of RossSupreme Court of North Carolina · 1921
- In Re Will of BroachSupreme Court of North Carolina · 1916
- In Re Will of RawlingsSupreme Court of North Carolina · 1915
- Hyatt v. . HyattSupreme Court of North Carolina · 1924
- Gilliken v. . NorcomSupreme Court of North Carolina · 1929
2 more not listed; retrieve them via the Exa API.