Hodges v. Wilson
Supreme Court of North Carolina
Appeal by defendants from Lyon, J., at September" Term, 1913, of CUMBERLAND. This action was brought for the cancellation or reformation of a deed, the plaintiff alleging that it conveyed 76% acres of land, contrary to the agreement of the parties that it should pass only 10 acres, and that this was brought about by the fraud of A. R. Wilson, the grantee, and the mistake of Isham Hodges, the grantor, induced thereby.
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Appeal by defendants from Lyon, J., at September" Term, 1913, of CUMBERLAND. This action was brought for the cancellation or reformation of a deed, the plaintiff alleging that it conveyed 76% acres of land, contrary to the agreement of the parties that it should pass only 10 acres, and that this was brought about by the fraud of A. R. Wilson, the grantee, and the mistake of Isham Hodges, the grantor, induced thereby. The original parties died pending the’ suit, and their heirs were brought in by order of the court. Plaintiffs amended their complaint by stating that Isham Hodges, their…
1Opinion of the Court
WalKER, J.,
after stating tbe facts: There are many exceptions in this case, and we will consider them in their order .as stated in tbe record. ■
First exception: Tbe question- asked of John Carter, who testified to Isham Hodges’ mental incapacity, was competent, as it was proper, in reply to tbe matter brought out on tbe cross-examination; and even if erroneous, it was harmless and could not have influenced tbe jury. Counsel were really engaged in cross-firing with small ammunition, and it turned out to be practically a bloodless encounter.
Second exception: Tbe testimony of II. P. Godwin, as…
2Cases cited27 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Boddie v. BondSupreme Court of North Carolina · 1911
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
22 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- State v. WilliamsSupreme Court of North Carolina · 1968
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- State v. BattleSupreme Court of North Carolina · 1966
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Steelman v. . BenfieldSupreme Court of North Carolina · 1948
42 more not listed; retrieve them via the Exa API.