Legal Opinion

Miller v. . Miller

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 21 opinions

Civil Action tried at Fall Term, 1883, of Iredell Superior Court, before Avery, Ji This was an action to set aside and cancel a deed upon the ground that it was executed by mistake. . The substance of the complaint is that on the 8th day of May, 1860, the plaintiff was and now is, the owner in fee of the lands specified in the pleadings;-that, on that day, he prepared and intended to execute to the defendant, who is his son, a power of attorney authorizing him to sell and…

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Civil Action tried at Fall Term, 1883, of Iredell Superior Court, before Avery, Ji This was an action to set aside and cancel a deed upon the ground that it was executed by mistake. . The substance of the complaint is that on the 8th day of May, 1860, the plaintiff was and now is, the owner in fee of the lands specified in the pleadings;-that, on that day, he prepared and intended to execute to the defendant, who is his son, a power of attorney authorizing him to sell and convey said land and account to him for the money he might realize for it; that the plaintiff being an ignorant man,…

1Opinion of the Court

MekeimON, J.,

after stating the case. The evidence objected to was competent, especially in view of the latitude given the defendant in respect to the testimony introduced by him. He was allowed to introduce evidence tending to show that the plaintiff had conveyed to him all bis personal property about the time of the execution of the deed, plainly with the view to lead the jury to infer from this and other testimony the purpose he attributed to the plaintiff. The plaintiff, on the other hand, was allowed to show the quantity of the land embraced in the deed and its value, with the view to…

2Cited by21 opinions

  1. Rural Plumbing & Heating, Inc. v. H. C. Jones Construction Co.Supreme Court of North Carolina · 1966
  2. Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
  3. Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
  4. Willis v. BranchSupreme Court of North Carolina · 1886
  5. Watkins v. Kaolin Manufacturing Co.Supreme Court of North Carolina · 1902

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