Plemmons v. Murphey
Supreme Court of North Carolina
ActioN, tried before McElroy, J., and a jury, at August Term, 1918, of Buncombe. The action was brought to set aside certain deeds made by Levi Plem-mons to his children for the purpose of division among them, and it is alleged that they were obtained from him when he was not mentally capable of executing a deed, and also by unfair and undue influence exerted by those of the defendants, J. R. Murphy and his wife, Hattie Murpby, who was the donor’s daughter, and J. C.…
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ActioN, tried before McElroy, J., and a jury, at August Term, 1918, of Buncombe. The action was brought to set aside certain deeds made by Levi Plem-mons to his children for the purpose of division among them, and it is alleged that they were obtained from him when he was not mentally capable of executing a deed, and also by unfair and undue influence exerted by those of the defendants, J. R. Murphy and his wife, Hattie Murpby, who was the donor’s daughter, and J. C. Plemmons, one of his sons. There is also an allegation that they had illegally converted his personal property, worth $4,000,…
1Opinion of the Court
Walker, J.,
after stating the case: _ There was objection to the issues, but we think they were proper and covered the entire scope of the inquiry, and were in no respect substantially different from those tendered by the defendants. It is not material in what form issues are submitted to the jury, provided they are germane to the subject of the controversy and each party has a fair opportunity to present his version of the facts and his view of the law, so that the case, as to all parties, can be tried on the merits. Deaver v. Deaver, 137 N. C., 246; Warehouse v. Osment, 132 N. C., 839; In re…
2Cases cited21 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- In Re Will of CravenSupreme Court of North Carolina · 1915
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Hartman v. StricklerSupreme Court of Virginia · 1886
- In Re Will of MuellerSupreme Court of North Carolina · 1915
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3Cited by7 opinions
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- Jones v. SaundersSupreme Court of North Carolina · 1961
- Hendricks v. HendricksSupreme Court of North Carolina · 1968
- In Re Estate of MummSupreme Court of Minnesota · 1929
- Winner v. . WinnerSupreme Court of North Carolina · 1942
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