Harwood v. Shoe.
Supreme Court of North Carolina
Partition proceedings by Howell Harwood and others against John E. Shoe and others, heard by Judge B. F. Long and a jury, at the Eall Term, 1905, of the Superior Court of Stanly. Defendant Shoe, having pleaded sole seizin as to 50 acres, the case was 'tried upon the following issues: 1. Did Susan Harwood, at the time of the execution of the deed of December 29, 1893, have sufficient mental capacity to execute the same ? Ans.
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Partition proceedings by Howell Harwood and others against John E. Shoe and others, heard by Judge B. F. Long and a jury, at the Eall Term, 1905, of the Superior Court of Stanly. Defendant Shoe, having pleaded sole seizin as to 50 acres, the case was 'tried upon the following issues: 1. Did Susan Harwood, at the time of the execution of the deed of December 29, 1893, have sufficient mental capacity to execute the same ? Ans. Yes. 2. "Was the execution of the said deed procured by fraud and undue influence of the defendant, John Shoe, as alleged in the complaint? Ans. No. 3. Did the defendant,…
1Opinion of the CourtBrown, J.
The learned counsel for plaintiffs contended that they are entitled upon the issues as answered, to a judgment for plaintiffs, and in his argument stated that he wished to rest his whole case upon that exception to the ruling of the court below.. The jury found in answer to the fourth issue, that the defendant’s failure to carry out his contract of maintenance of Susan Harwood was due to the acts and conduct of the plaintiffs. But the plaintiffs say that they were strangers to the contract, and that, therefore, they are not to be held responsible for the non-performance of the contract by…
2Cases cited4 opinions
- Cape Fear & Deep River Navigation Co. v. WilcoxSupreme Court of North Carolina · 1860
- Harris v. . WrightSupreme Court of North Carolina · 1896
- Buffkin v. . Baird RoperSupreme Court of North Carolina · 1875
- Moore v. MeachamNew York Court of Appeals · 1851
3Cited by22 opinions
- Mezzanotte v. FreelandCourt of Appeals of North Carolina · 1973
- Commercial National Bank of Charlotte v. Charlotte Supply Co.Supreme Court of North Carolina · 1946
- Brittain v. TaylorSupreme Court of North Carolina · 1915
- Hinton v. . VinsonSupreme Court of North Carolina · 1920
- Mullen v. SawyerSupreme Court of North Carolina · 1971
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