Hill v. Lassiter

275 S.E.2d 237, 51 N.C. App. 34, 1981 N.C. App. LEXIS 2193
CourtCourt of Appeals of North Carolina
DecidedMarch 3, 1981
DocketNo. 8011SC535
StatusPublished

This text of 275 S.E.2d 237 (Hill v. Lassiter) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Lassiter, 275 S.E.2d 237, 51 N.C. App. 34, 1981 N.C. App. LEXIS 2193 (N.C. Ct. App. 1981).

Opinion

CLARK, Judge.

We affirm the trial court’s order of summary judgment against plaintiff on his claim against Priscilla Lassiter Hill on the grounds that “the judgment in File No. 77CYD837 (Johnston County) is conclusive as to all matters in controversy between the plaintiff and Priscilla Lassiter Hill .... ”

[38]*38We note that the parties’ consent judgment of 24 January 1978 recites that:

“the parties have compromised and settled all matters of controversy regarding child support and custody, settlement of property rights and the [other] contested issues ... and by consenting to this judgment authorize the Court to enter this judgment as its own judgment to be enforced by contempt or any other means set forth in the General Statutes of North Carolina or by the inherent powers of this Court.” (Emphasis added).

The judgment provides for plaintiff to sell his farm equipment and apply the proceeds to pay off his wife’s Buick automobile and his daughter’s Vega, with the remainder of the proceeds to “be applied to the loan ... incumbering plaintiffs [plaintiff in this domestic case was Priscilla Lassiter Hill] property known as ‘The Pond Farm.’ ” (Emphasis added.)

We believe that the consent judgment is res judicata as to “all matters of controversy regarding ... settlement of property rights.” We view the reference to the Pond Farm and the provision for plaintiff Larry Braxton Hill [defendant in the domestic action] to pay proceeds of the sale of his farm equipment to reduce the indebtedness on “plaintiffs [the wife’s] property” as establishing that both the subject matter and the issue of ownership of the property were contemplated by the parties. Plaintiff had every reason to litigate title to the farm at the time of the prior action, but did not. Rather he admitted in his pleadings that his wife was “the owner by virtue of a life estáte of the home formerly occupied by the parties,” and signed a consent judgment settling the property rights of the couple. That judgment was a final judgment, not subject to modification. Bunn v. Bunn, 262 N.C. 67, 136 S.E. 2d 240 (1964). We hold that plaintiff’s claim against his former wife was merged into the consent judgment estopping plaintiff from re-litigating a claim arising out of the same property interests determined in the former action. See Brondum v. Cox, 292 N.C. 192, 232 S.E. 2d 687 (1977).

We next turn to plaintiffs claim against his father-in-law, Melvin Lassiter. Defendant argues that plaintiffs claim was properly characterized by the trial judge as one for mistake or an implied contract, and asserts that the three-year statute of [39]*39limitations in G.S. 1-52 was properly applied. Plaintiff argues that his claim was an action for unjust enrichment and as such should be barred only after ten years as provided in G.S. 1-56. We see no reason to be concerned either with the nature of plaintiffs action or with which of the two statutes should apply. Regardless of the tag placed on plaintiffs action, or the statute applied, it is the accrual of the action which determines when the applicable statute begins to run. We find two events significant to the accrual of plaintiffs action, and since one occurred more than ten years before the action was instituted and the other occurred within the three years next preceding its institution, the effect of these events must be the same whether the statute is ten years or three.

Our decision on this issue must be controlled by the decision of our Supreme Court in the analogous case of Fulp v. Fulp, 264 N.C. 20, 140 S.E. 2d 708 (1965). In that case the parties, husband and wife, placed improvements on land titled in the name of the husband alone. The husband agreed that if the wife would contribute one-half of the cost of the improvements, he would have her name added to the deed. The wife paid one-half the costs of the improvements which were completed in 1952. The wife then requested that the property be titled in the names of both her and her husband, to which the husband replied, “You don’t think I’m a damn fool, do you?” The parties separated in 1959, at which time the wife brought an action to impress a resulting or constructive trust, or in the alternative, to recover her contributions to the cost of the improvements. The opinion by Justice (later Chief Justice) Sharp, discusses the inapplicability of the resulting and constructive trust doctrines, the applicability of the equitable lien doctrine, the applicability of the statute of limitations to actions between husband and wife, and the appropriate statute of limitations to be applied in that particular case; but the significance of that case to the case sub judice is its formulation of when such a cause of action accrues.

“Unquestionably ... the statute of limitations began to run against plaintiffs claim against defendant when, upon completion of the house in 1952, she called upon him to perform his agreement ‘to put her name on the deed’ and he replied ‘You don’t think I’m a damn fool, do you?’ This was a flat repudiation of his agreement and was notice to plaintiff that he intended to misappropriate the funds which he had [40]*40received from her through their confidential relationship.” Id. at 26, 140 S.E. 2d at 714.

Applying this analysis to the case sub judice, we find that plaintiff’s cause of action accrued when there were sufficient repudiations by defendant Lassiter of his representations to give the land to plaintiff to put plaintiff on notice that Lassiter had no intention of ever letting plaintiff have the land. We find two events significant as repudiations and thus notice to plaintiff that Lassiter did not intend ever to give the farm to the plaintiff.

Plaintiff admits in his testimony that:

“I had read part of the deed that was recorded in 1965.1 didn’t read that Melvin had a life estate retained. I don’t think I read that. ...
... I didn’t read it, I just glanced at it, how it was done, and threw it down.”

It is clear from the record that plaintiffs reference is to the deed, dated 29 January 1965 and recorded 22 November 1966, which conveyed the farm “to Priscilla Lassiter Hill for and during her natural lifetime only and then to the children of Priscilla Lassiter Hill and their heirs and assigns ... subject to life estate in Melvin Lassiter.” We are aware that the mere registration of the deed, particularly where the plaintiff was not a party thereto, cannot of itself constitute notice to plaintiff of its contents. See Elliott v. Goss, 250 N.C. 185, 108 S.E. 2d 475 (1959); Vail v. Vail, 233 N.C. 109, 63 S.E. 2d 202 (1951); Tuttle v. Tuttle, 146 N.C. 484, 59 S.E. 1008 (1907); Cowart v. Whitley, 39 N.C. App. 662, 251 S.E. 2d 627 (1979). We believe, however, that plaintiff’s admission that he read part of the deed suggests he had an opportunity to read all of it. He knew the deed contained property in which he expected to receive an interest. There is no indication that defendant practiced a fraud on plaintiff to prevent his reading the deed. Under circumstances where a party has every reason and opportunity to read an instrument, and can show no reason for his failure to do so, we see nothing unfair or inequitable with charging him with notice of the instrument’s contents. We hold that plaintiff Larry Braxton Hill was chargeable with knowledge of the retained life estate of defend[41]

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Related

Elliott v. Goss
108 S.E.2d 475 (Supreme Court of North Carolina, 1959)
Vail v. Vail
63 S.E.2d 202 (Supreme Court of North Carolina, 1951)
Brondum v. Cox
232 S.E.2d 687 (Supreme Court of North Carolina, 1977)
Bunn v. Bunn
136 S.E.2d 240 (Supreme Court of North Carolina, 1964)
Cowart v. Whitley
251 S.E.2d 627 (Court of Appeals of North Carolina, 1979)
Fulp v. Fulp
140 S.E.2d 708 (Supreme Court of North Carolina, 1965)
Tuttle v. . Tuttle
59 S.E. 1008 (Supreme Court of North Carolina, 1907)
Tuttle v. Tuttle
146 N.C. 484 (Supreme Court of North Carolina, 1907)

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Bluebook (online)
275 S.E.2d 237, 51 N.C. App. 34, 1981 N.C. App. LEXIS 2193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-lassiter-ncctapp-1981.