Parker v. Mecklenburg Realty & Insurance

Two questions of law are presented, to wit:

1. In an action to set aside a deed of trust upon, the ground of fraudulent representation in the procurement thereof as a cloud upon title, is an amendment to the complaint at the trial, permitting the recovery of damages for the alleged fraud, within the power of the court?

2. Are attorneys’ fees incurred in setting aside such an instrument upon the ground of fraud a proper element of damages?

The answer to the first proposition depends upon whether or not the amendment permitted by the court wrought such a change in the pleadings as to constitute…