Legal Opinion

Fuller v. Jenkins.

Supreme Court of North Carolina

Decided May 27, 1902PublishedCited by 9 opinions

AotioN by Lee Fuller against II. T. Jenkins, heard by Judge George A. Jones and a jury, at July Term, 1901, of the Superior Court of SwaiN County. From a judgment for the defendant, the plaintiff appealed.

1Opinion of the CourtClark, J.

This was an action to have a deed declared a mortgage to secure a loan for $30. The issues were found as follows:

1. Was it understood and agreed between the plaintiff and the defendant at the time the deed was delivered, that the defendant should hold the same to be a security for the money paid by the defendant for the plaintiff ? Answer. Yes.

2. Was the clause of redemption omitted from said deed by reason of ignorance,. mistake, fraud or undue advantage ? Answer. No.

3. What amount, if any, is the defendant indebted to the plaintiff for rent of said property ? Answer. $30.

Upon these findings…

2Cases cited2 opinions

  1. Watkins v. . WilliamsSupreme Court of North Carolina · 1898
  2. Waters v. . CrabtreeSupreme Court of North Carolina · 1890

3Cited by9 opinions

  1. Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
  2. Williamson v. RabonSupreme Court of North Carolina · 1919
  3. Chilton v. . SmithSupreme Court of North Carolina · 1920
  4. Williamson v. . RabonSupreme Court of North Carolina · 1919
  5. Thomas v. . Carteret CountySupreme Court of North Carolina · 1921

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