Dixon v. Green
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at June Term, 1919, of LENOIR. Tbe plaintiff sued for the recovery of a lot in Kinston. He alleged ■ownership and right of possession, and the defendant’s unlawful with-bolding of the possession from him.
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ActioN tried before Guión, J., and a jury, at June Term, 1919, of LENOIR. Tbe plaintiff sued for the recovery of a lot in Kinston. He alleged ■ownership and right of possession, and the defendant’s unlawful with-bolding of the possession from him. The defendant denied plaintiff’s allegations, except as to her possession and the plaintiff’s depiand for the possession, and further denied that she executed to the plaintiff the deed under which he claims the land, and averred that if she did execute it she did not, at the time, have sufficient mental capacity to do so, being then very old, about…
1Opinion of the Court
WaukeR, J.,
after stating tbe case as above: Tbe only question before us is tbe sufficiency of tbe answer to raise tbe issues tendered by tbe defendant regarding fraud and undue influence. We are required by tbe statute (Bev., sec. 495) to construe a pleading liberally, and in enforcing tbis provision we bave adopted tbis rule: tbat if in any portion of it or to any extent it presents facts sufficient to constitute a cause of action, or if facts sufficient for tbat purpose can be fairly gathered from it, tbe pleading will stand, however inartificially it may bave been drawn or however…
2Cases cited18 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Braddy v. . ElliottSupreme Court of North Carolina · 1908
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3Cited by13 opinions
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- Guerry v. American Trust Co.Supreme Court of North Carolina · 1951
- Cotton Mills v. . Manufacturing Co.Supreme Court of North Carolina · 1940
- Bell v. HarrisonSupreme Court of North Carolina · 1920
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