Myatt v. . Myatt
Supreme Court of North Carolina
ActioN tried before Biggs, and a jury, April Term, 1908, of Wake. On tlie trial it was shown, among other things, that on 10 November, 1906, Alfred E. Myiitt, husband of feme plaintiff, executed and delivered to his brother, W. A. Myatt, a deed for a certain tract of land, lying in Wake County, for the sum of one thousand dollars, which had been paid; and said deed was duly acknowledged and filed for registration on the day of its execution.
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ActioN tried before Biggs, and a jury, April Term, 1908, of Wake. On tlie trial it was shown, among other things, that on 10 November, 1906, Alfred E. Myiitt, husband of feme plaintiff, executed and delivered to his brother, W. A. Myatt, a deed for a certain tract of land, lying in Wake County, for the sum of one thousand dollars, which had been paid; and said deed was duly acknowledged and filed for registration on the day of its execution. That prior to that time, to-wit, on 21 August, 1906, said Alfred N. Myatt had executed a deed for the same tract of land to his wife, the feme plaintiff,…
1Opinion of the Court
IIoKE, T.,
after stating the case: AVe have given this cause and the exceptions made by appellant, all of them, full and careful consideration, and are of opinion that there has been no error committed in the trial, certainly none that could give the plaintiff any just ground of complaint; nor do we find in the record, or case on appeal, testimony that would justify a verdict either of incapacity in grantor, or of fraud or. undue-influence on tlie part of the grantee as to the deed in question. True, there is evidence tending to show that the grantor, Alfred R. Myatt, was not a provident or a…
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