Burroughs v. . Jenkins
Supreme Court of North Carolina
Original Bill, to impeach a deed of .conveyance, filed to Fall Term, 1859, of the Court of Equity far Orange county, and set for hearing, and transferred to this court at Spring Term, 1866. The deed sought to be set aside was dated 21th November, 1855, and conveyed to the defendant a reversionary interest in certain property (chiefly slaves) which, after it had fallen into possession, was sold for about §3,500. The bargainor was a man of about sixty years of age ; the…
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Original Bill, to impeach a deed of .conveyance, filed to Fall Term, 1859, of the Court of Equity far Orange county, and set for hearing, and transferred to this court at Spring Term, 1866. The deed sought to be set aside was dated 21th November, 1855, and conveyed to the defendant a reversionary interest in certain property (chiefly slaves) which, after it had fallen into possession, was sold for about §3,500. The bargainor was a man of about sixty years of age ; the bargainee was his son, aged about twenty-five years ; and the person, upon whose death the property was to come into…
1Opinion of the CourtBattle, J.
The relief which the complainant seeks in this case is founded upon the allegations that the deed mentioned in the pleadings was obtained by the defendant, John A. Jenkins, from his father, by taking advantage of the pressure upon him for money, his fears of being compelled to sacrifice the property conveyed, a state of partial intoxication, an undue control which he had acquired over him, and by making false pretences to him. There is no averment in the bill, and certainly no proof, that there existed, between the defendant John and his father either of those-confidential relations in life…
2Cited by1 opinion
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