Wilson v. Western North Carolina Land Co.
Supreme Court of North Carolina
Civil ActioN for tbe Cancellation of a Deed and other relief, tried at Spring Term, 1875, of Caldwell Superior Court, before Mitchell, J. The plaintiffs are J. W. Wilson, G. N.Eolk, J. C. Tate* H. E. Bond, W. D. Sprague and E. M. Davis. The defendants are the Western North Carolina Land Company and J. G. Ralston its President.
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Civil ActioN for tbe Cancellation of a Deed and other relief, tried at Spring Term, 1875, of Caldwell Superior Court, before Mitchell, J. The plaintiffs are J. W. Wilson, G. N.Eolk, J. C. Tate* H. E. Bond, W. D. Sprague and E. M. Davis. The defendants are the Western North Carolina Land Company and J. G. Ralston its President. The plaintiffs alleged that on March 5th, 1869, C. A. Oil-ley entered a large body of vacant land in Caldwell County known as the Wilson Creek lands, and that he afterwards for valuable consideration sold to E. M. Davis, of Philadelphia, his interest in such entries. No…
1Opinion of the Court
Bysují J.
The plaintiffs base tlieir claim to relief upon, two propositions; first, that the defendants procured the execution of the deed from Mr. Folk by fraud ; and second, that it was executed by mutual mistake of facts between the parties to it. They allege that the defendants, by the concealment of facts within their knowledge and by misrepresentation, induced Mr. Folk to execute a deed to one body of land, when he supposed and was fraudulently induced to believe that he was conveying another and distinct one. They also allege that if there was no fraud in the inducement to the execution…
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