Blackwell v. . Cummings

68 N.C. 121

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Boyden, J.

In this case the defendant alleged that the* deed of mortgage made to the plaintiff by the defendant and her husband was fraudulent and void for -several reasons ; and among other reasons, says, “that the plaintiff, for-the purpose of securing a judgment for thirteen hundred dollars, he had obtained against the husband of the defendant, falsely and deceitfully, for the purpose of obtaining the. real estate in controversy as a security for his judgment offered to lend to her husband $700 in cash, if her said husband, together with defendant, Matilda, would join in a mortgage of the real estate now in controversy, to Lsecurethe payment both of the judgment and the seven hundred dollars then offered to be advanced; and that having implicit confidence in the plaintiff, they at length yielded to-his solicitations, and executed the mortgage in controversy.”" The plaintiff offered to prove, “ that the defendant and her- husband proposed to make the mortgage of their own •accord, without any solicitation whatever from the plaintiff, •as facts and circumstances to go to the jury for the purpose *of disproving the allegations of fraud, as alleged in the answer and sworn to by the defendant.” This evidence was «objected to by the defendant and rejected by the Court. In •this there was error, as we hold that upon the question of fraud made by the defendant, this evidence was clearly competent ; but how much weight the jury would have given .to it was a question for them.

This disposes of the case in this Court and renders it uninecessary to notice the other questions mad$ in the cause. '

There is error.

This will be certified.

Per Curiam.

Venire de novo.