Egerton v. . Jones
Supreme Court of North Carolina
Civil ACTION, tried before Womack, J., at March Term, 1890, of Wakren Superior Court. The defendant appealed. This was a proceeding, begun by summons and petition before the Clerk of the Superior Court of said county on the __ day of June, 1886, for the purpose of having sold, to pay debts of plaintiff’s intestate, a certain tract of land situate in the said county of Warren, belonging to plaintiff’s intestate, and described in the pleadings, which was allotted to…
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Civil ACTION, tried before Womack, J., at March Term, 1890, of Wakren Superior Court. The defendant appealed. This was a proceeding, begun by summons and petition before the Clerk of the Superior Court of said county on the __ day of June, 1886, for the purpose of having sold, to pay debts of plaintiff’s intestate, a certain tract of land situate in the said county of Warren, belonging to plaintiff’s intestate, and described in the pleadings, which was allotted to plaintiff’s intestate as a homestead on the 3d day of June, 1871, the said allotment having been made when the homesteader was…
1Opinion of the Court
Shepherd, J.:
1. We can see no error in the ruling of the Court upon the trial of the issue submitted to the jury. It was very properly held that there was not sufficient evidence to show that the deed was not written as the parties intended.- Indeed, the evidence does not at all suggest that a clause of defeasance was ever contemplated by the parties, and was omitted by reason of “ignorance, mistake, fraud or undue influence,” and this it was necessary to prove before the deed could be corrected. See this case reported in 102 N. C., 281, and the authorities cited.
The fact that the deed was…
2Cases cited4 opinions
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Mauney v. . HolmesSupreme Court of North Carolina · 1882
- Heck v. . WilliamsSupreme Court of North Carolina · 1878
- Lee v. . EureSupreme Court of North Carolina · 1885
3Cited by4 opinions
- Creech v. CreechSupreme Court of North Carolina · 1943
- Creech v. . CreechSupreme Court of North Carolina · 1943
- Porter v. White.Supreme Court of North Carolina · 1901
- Stainback v. . HarrisSupreme Court of North Carolina · 1894