Lehew v. Hewett.
Supreme Court of North Carolina
ActioN by S. W. Lehew against F/ B. Hewett and others, heard by Judge Geo. H. Brown, Jr., and a jury at the September Term, 1904 of the Superior Court of Brunswick County. From a judgment for the plaintiff, the defendants appealed. This action was brought to correct a deed. Plaintiff alleged and introduced evidence to show that he bought the land from Frank Hewett in 1878 and paid for it out of his own money.
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ActioN by S. W. Lehew against F/ B. Hewett and others, heard by Judge Geo. H. Brown, Jr., and a jury at the September Term, 1904 of the Superior Court of Brunswick County. From a judgment for the plaintiff, the defendants appealed. This action was brought to correct a deed. Plaintiff alleged and introduced evidence to show that he bought the land from Frank Hewett in 1878 and paid for it out of his own money. He directed the deed to be made so as to convey the land to his wife, Mary B. Iiewett, and if she died first then to himself. Frank Iiewett drew the deed so that it conveyed the land to…
1Opinion of the Court
Walker, J.,
after stating the ease: The first assignment of error cannot be sustained. It is true that contracts relating to land must be in writing but every deed presupposes an oral agreement between the parties, which is to be finally evidenced by the deed, and the conversation between plaintiff and Hewett related to such an agreement. It was for the purpose of showing the variance between this preliminary agreement and the deed that the evidence was offered, and it was clearly competent for that purpose. It was the very gist of the controversy and to question the right to introduce parol…
2Cases cited7 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Shelton v. . SheltonSupreme Court of North Carolina · 1859
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Ferrall v. . BroadwaySupreme Court of North Carolina · 1886
- Lehew v. Hewett.Supreme Court of North Carolina · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- America Potato Co. v. Jeanette Bros.Supreme Court of North Carolina · 1917
- Gray v. . JenkinsSupreme Court of North Carolina · 1909
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