Marsh v. Griffin.
Supreme Court of North Carolina
ActioN by II. B. Marsh and others against A. T. Griffin and others, heard by Judge B. B. Peebles and a jury, at August Term, 1904, of the Superior Court of ITnioN County. From a judgment for the plaintiffs the defendants appealed.
1Opinion of the Court
ClaeKj C. J.
This is an action for foreclosure of a mortgage on the wife’s land, executed by her jointly with her husband. In her answer she avers that the execution of the mortgage “was procured by the fraud and undue influence of her said husband, who had represented to her and induced her to believe that the said mortgage was only for half the debt attempted to be secured thereby,” and that relying upon,Ms representations she failed to read the mortgage before signing the same. But there is no allegation or proof that the mortgagee had notice of or participated in such fraudulent…
2Cases cited8 opinions
- Wachovia National Bank v. IrelandSupreme Court of North Carolina · 1898
- Donnell v. Mateer's Ex'rsSupreme Court of North Carolina · 1847
- Edgerton v. . AycockSupreme Court of North Carolina · 1898
- Worrell v. . VinsonSupreme Court of North Carolina · 1857
- Chamblee v. . BroughtonSupreme Court of North Carolina · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Jones v. Ragsdale.Supreme Court of North Carolina · 1906
- Whitson v. BarnettSupreme Court of North Carolina · 1953
- Bank of Pilot Mountain v. SnowSupreme Court of North Carolina · 1942
5 more not listed; retrieve them via the Exa API.