Summerlin v. . Cowles
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Clark, J., at Spring Term, 1888, of Wilkes Superior Court. John C. Hamby, in the year 1852, conveyed the tract of land described in the complaint, and containing about one hundred acres, to J esse C. Summerlin, then the plaintiff’s husband, from whom, under an execution sale and the Sheriff’s deed, the defendant claims to derive his title.
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This is a civil ACTION, which was tried before Clark, J., at Spring Term, 1888, of Wilkes Superior Court. John C. Hamby, in the year 1852, conveyed the tract of land described in the complaint, and containing about one hundred acres, to J esse C. Summerlin, then the plaintiff’s husband, from whom, under an execution sale and the Sheriff’s deed, the defendant claims to derive his title. The complaint alleges that the grantor, an old and illiterate man, intending to convey the land to the plaintiff, his daughter, directed Griffin Summerlin, her husband’s father, so to draw the deed; but by a…
1Opinion of the CourtSmith, C. J.
While to attach a trust to a legal estate by parol, or to convert a deed absolute in form into a security merely, and perhaps in other cases invoking the exercise of equitable judicial functions for relief, more proof is required than that which preponderates and governs in the trial of ordinary questions of .fact, as held in Ely v. Early, 94 N. C., 1; Smiley v. Pearce, 98 N. C., 185, and in numerous other cases, we think the evidence of the fraud in procuring the deed to be falsely drawn, fully meets the requirements of the rule.
While the plaintiff was not permitted to relate what passed…
2Cases cited4 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Smiley v. . PearceSupreme Court of North Carolina · 1887
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Houck v. . AdamsSupreme Court of North Carolina · 1887
3Cited by12 opinions
- Ellington v. . EllingtonSupreme Court of North Carolina · 1889
- Summerlin v. . CowlesSupreme Court of North Carolina · 1890
- Faggart v. . BostSupreme Court of North Carolina · 1898
- Wilson v. BrownSupreme Court of North Carolina · 1904
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
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