Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina Volume 61; From June Term 1866 to January Term 1868, Inclusive

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 Excerpt: ...can be had only in a Court of Equity; Beedv. Moore, 3 Ire., 310; Canoy v. Troutman, 7 Ire., 155; Gant v. Hunsucker, 12 Ire., 254; Nichols v. Holmes, 1 Jon., 360; Gwynn v. Hodge, 4 Jon., 168; Logan v. Simmons, 1 Dev. & Bat., 13. An instance of fraud in the factum is when the grantor intends to execute a ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 Excerpt: ...can be had only in a Court of Equity; Beedv. Moore, 3 Ire., 310; Canoy v. Troutman, 7 Ire., 155; Gant v. Hunsucker, 12 Ire., 254; Nichols v. Holmes, 1 Jon., 360; Gwynn v. Hodge, 4 Jon., 168; Logan v. Simmons, 1 Dev. & Bat., 13. An instance of fraud in the factum is when the grantor intends to execute a certain deed, and another is surreptitiously substituted in the place of it. See Gant v. Hunsucker and Nichols v. Holmes, uhi supra. Another instance is afforded by the case of a deed executed by a blind or illiterate person, when it has been read falsely to him upon his request to have it read; 2 Black Com., 304; Manser's case, 2 Coke's Rep., 3. These authorities show that the party was fraudulently made to sign, seal and deliver a different instrument from that which he intended; so that it could not be said to be his deed. Several of the cases in our Reports referred to above furnish examples of what is meant by fraud in the consideration of the deed, or in the false representation of some matter or thing collateral to it. In all of them it will be seen that the party knowingly executes the very instrument which he intended, but is induced to do so by means ot some fraud in the treaty, or some fraudulent representation or pretence. In this category is included the case of a man who can read the instrument which he signs, seals and delivers, but refuses or neglects to do so. Such a man is bound by the deed at lawr though a court of equity may give relief against it. In support of this position the authority of Sheppard's Touchstone is directly in point; "If the party that is to seal the deed can read himself, and doth not, or, being an illiterate or a blind man, doth not require to hear the deed read, or the contents thereof declared; in these case...
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Product Details

  • ISBN-13: 9781150120343
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 194
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.41 (d)

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