Deal v. Christenbury

Defendants assign error to the trial court’s (1) denying defendant-wife’s motion to dismiss the action as to her, made on the ground that there was no evidence of any consideration for her execution of the note and deed of trust; (2) failing to “explain the law arising on the evidence given in the case” as required by G.S. 1A-1, Rule 51, by not instructing the jury on defendant-wife’s defense of lack of consideration; (3) failing to submit all the issues arising on the evidence as required by G.S. 1A-1, Rule 49, in that it failed to submit as an issue the defense of lack of consideration as…