Day v. . Day
Supreme Court of North Carolina
Civil Action to correct a deed tried at Pall Term, 1880>, of PERSON Superior Court, before Eure, J. Judgment upon the “case agreed ” was rendered in favor of plaintiff, from which the defendant trustee (Briggs) appealed.
1Opinion of the CourtSmith, C. J.
On September 4th, 1876, the plaintiff, Stephen S. Day, then advanced in age, deaf and reposing implicit confidence in his son, the defendant, James R. Day, his wife joining with him in the act, conveyed to the said James R. Day, for no valuable consideration, the tract of land described in the complaint. The deed therefor was prepared by direction of the son and under an agreement between them that it should be so drawn as to reserve a life estate in the land to the plaintiff, and he supposed when the deed was executed that it contained such provision. It was not read over to the plaintiff,…
2Cases cited3 opinions
- Wilson v. Western North Carolina Land Co.Supreme Court of North Carolina · 1877
- Small v. . SmallSupreme Court of North Carolina · 1876
- Mason v. . PelletierSupreme Court of North Carolina · 1880
3Cited by19 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Ewbank v. . LymanSupreme Court of North Carolina · 1915
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Southerland v. . FremontSupreme Court of North Carolina · 1890
14 more not listed; retrieve them via the Exa API.