Harrelson v. . Cox
Cases that cite this one
7 later published cases cite this decision.
- Carroll v. Rountree (N.C. Ct. App. 1978)
- Cross v. Beckwith (N.C. Ct. App. 1972)
- McNeill v. . McNeill (N.C. 1943)
- Massengill v. . Oliver (N.C. 1942)
- O'Briant v. . Lee (N.C. 1939)
- Gurganus v. . McLawhorn (N.C. 1937)
- Gurganus v. McLawhorn (N.C. 1937)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We think there was error in dismissing the action as upon demurrer to the complaint. Where a mortgagee takes from his mortgagor a deed for the mortgaged premises, under circumstances such as here alleged, the transaction is open to investigation, with the burden of fairness upon the mortgagee. Hinton v. West, post, 708; Jones v. Williams, 176 N. C., 245, 96 S. E., 1036; Cole v. Boyd, 175 N. C., 555, 95 S. E., 778; Jones v. Pullen, 115 N. C., 465, 20 S. E., 624. In this jurisdiction the principle is often referred to as the “doctrine of McLeod v. Bullard ” 84 N. C., 516, approved on rehearing, 86 N. C., 210: “Where a mortgagee buys the equity of redemption of his mortgagor, the law presumes fraud, and the burden of proof is upon the mortgagee to show the bona jides of the transaction.”
We are not advised as to what admissions were made by counsel in response to the court’s interrogatories, but the complaint would seem to be good as against a demurrer. Dix-Downing v. White, 206 N. C., 567, 174 S. E., 451.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.