Legal Opinion

Williamson v. Rabon

Supreme Court of North Carolina

Decided April 15, 1919PublishedCited by 16 opinions

ActioN tried before Lyon, J., and a jury, at February Term, 1918, of Columbus. Tbe action is to have a written deed for two tracts of land from plaintiff to defendant, absolute in terms and for value, declared and dealt with as a mortgage to secure about $2,000, with accrued interest, exact amount indefinite, on allegation and proof tending to show that at the time the deed was executed there was a parol agreement between the parties that the same should stand as mortgage to…

Read the full summary

ActioN tried before Lyon, J., and a jury, at February Term, 1918, of Columbus. Tbe action is to have a written deed for two tracts of land from plaintiff to defendant, absolute in terms and for value, declared and dealt with as a mortgage to secure about $2,000, with accrued interest, exact amount indefinite, on allegation and proof tending to show that at the time the deed was executed there was a parol agreement between the parties that the same should stand as mortgage to secure said amount and plaintiff should have as much as three years to «redeem same. There was denial of the agreement…

1Opinion of the CourtHoke, J.

It is the law of this State that “a written deed, absolute in terms, cannot be changed into a mortgage except upon allegation and proof that the clause of redemption was omitted by reason of ignorance, mistake, fraud, or undue advantage.” This position was approved and confirmed in the recent case of Newton v. Clark, 174 N. C., 393, and it was there further held that “Parol evidence that a deed to lands was made on an agreement to reconvey the same to the grantor on a certain contingency is incompetent to establish parol trust in the grantor’s favor,” etc., citing a long line of authorities…

2Cases cited19 opinions

  1. Gaylord v. GaylordSupreme Court of North Carolina · 1909
  2. Hill v. RailroadSupreme Court of North Carolina · 1906
  3. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
  4. Bonham v. . CraigSupreme Court of North Carolina · 1879
  5. Quaker Realty Co. v. LabasseSupreme Court of Louisiana · 1912

14 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. BallanceSupreme Court of North Carolina · 1949
  2. State v. . BallanceSupreme Court of North Carolina · 1949
  3. Hice v. Hi-Mil, Inc.Supreme Court of North Carolina · 1981
  4. Isley v. BrownSupreme Court of North Carolina · 1961
  5. Chilton v. . SmithSupreme Court of North Carolina · 1920

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API