Stewart v. Stewart
Stewart v. Stewart
Opinion of the Court
Plaintiff assigns as error the trial court’s order allowing defendant’s motion for directed verdict.
In considering a motion for directed verdict, the court- must view the evidence in the light most favorable to the non-movant, giving to it the benefit of all reasonable inferences and resolving all inconsistencies in its favor. Freeman v. Development Co., 25 N.C. App. 56, 212 S.E. 2d 190 (1975). The motion presents a question of law, namely, whether the evidence is sufficient to require submission to the jury. Bowen v. Rental Co., 283 N.C. 395, 196 S.E. 2d 789 (1973).
Plaintiff contends that the deed of 5 January 1971 was procured by fraud and undue influence and that she did not possess sufficient mental capacity to make and execute said deed. In addition it is aigued that no consideration was paid for the conveyance.
Ordinarily, the consideration recited in a deed is presumed to be correct. Speller v. Speller, 273 N.C. 340, 159 S.E. 2d 894 (1968). “The controlling principle established by our decisions is that inadequacy of consideration is a circumstance to be considered by the jury in connection with other relevant circumstances on an issue of fraud, but inadequacy of consideration standing alone will not justify setting aside a deed on the ground of fraud. However, if the inadequacy of consideration is so gross that it shows practically nothing was paid, it is sufficient to be submitted to the jury without other evidence.” Garris v. Scott, 246 N.C. 568, 99 S.E. 2d 750 (1957).
In the present case there is no showing that the transaction was accompanied by overreaching, oppression, or advantage. Nor is there evidence of a fiduciary relationship between the
We next consider plaintiff’s assertion that she did not possess sufficient mental capacity to make and execute the deed dated 5 January 1971. The law presumes that every person is sane in the absence of evidence to the contrary. Davis v. Davis, 223 N.C. 36, 25 S.E. 2d 181 (1943). In our opinion the trial court properly refused to submit an issue to the jury regarding plaintiff’s mental capacity to execute the deed of 5 January 1971. Plaintiff’s evidence was simply insufficient. Indeed, Doctor Shackelford testified that she was doing well on 5 January 1971 when she was seen in his office.
The judgment of the trial court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.