Culbreth v. . Hall
Supreme Court of North Carolina
Appeal by defendant from Carter, J., at July Term; 1912, of SAMPSON. Civil action. These issues were submitted: 1. Was Jane Culbretb induced to sign tbe deed to M. M. Hall, instead of a mortgage, by tbe fraud of defendant M. M. Hall, as alleged in tbe complaint? Answer: Yes. 2. What amount did defendant Hall pay Melvin at tbe time tbe deed was executed by Melvin to tbe plaintiff, Jane Cul-bretb? Answer: $319. 3. Did tbe defendant Wilson have legal notice of plaintiff’s cause…
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Appeal by defendant from Carter, J., at July Term; 1912, of SAMPSON. Civil action. These issues were submitted: 1. Was Jane Culbretb induced to sign tbe deed to M. M. Hall, instead of a mortgage, by tbe fraud of defendant M. M. Hall, as alleged in tbe complaint? Answer: Yes. 2. What amount did defendant Hall pay Melvin at tbe time tbe deed was executed by Melvin to tbe plaintiff, Jane Cul-bretb? Answer: $319. 3. Did tbe defendant Wilson have legal notice of plaintiff’s cause of action, by her complaint on file as a Us pendens, prior to tbe registration of bis said deed for said lands? Answer:…
1Opinion of the CourtBrown, J.
This action is brought to convert a deed into a mortgage, upon the ground of fraud, the plaintiff averring that she was induced by the fraud of the draftsman to sign the instrument, thinking it was a mortgage, instead of an absolute deed.
We have examined the eighteen assignments of error, and find nothing in the record that justifies us in directing another trial.
1. It is contended that his Honor should have sustained the motion to nonsuit.
The plaintiff’s evidence tends to 'prove 'that she purchased a dwelling-house and lot from one Melvin and owed him a balance of $319 on it; that the…
2Cases cited7 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gregg v. WilliamsonSupreme Court of North Carolina · 1957
- Lamb v. PerrySupreme Court of North Carolina · 1915
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
- Boone v. . LeeSupreme Court of North Carolina · 1918
- Hardy v. NevilleSupreme Court of North Carolina · 1964
6 more not listed; retrieve them via the Exa API.