Batchelor v. Mitchell

I concur in the conclusion that the complaint states a cause of action sufficient to repel the demurrer. I am of the opinion, however, that the allegations contained in the complaint in respect to the circumstances under which the deeds from W. J. Batchelor to Mary S. Manning and from Ethel Batchelor to Mary S. Manning were executed are insufficient to constitute allegations of duress, undue influence, or fraud.

The facts which constitute the duress, undue influence, or fraud relied on must be alleged. McIntosh, P. & P., 359; Development Co. v. Bearden, 227 N.C. 124; Weaver v. Hampton, 201…