Egerton v. Jones
Egerton v. Jones
Opinion of the Court
(after stating the case). It seems to have been conceded upon the trial, that if the deeds conveying
It would be needless to multiply the pages of the Reports by quoting largely from the numerous decisions of our Court to the effect, that in order to convert a deed absolute on its face into a mortgage “ it must be alleged, and of course proved, that the clause of redemption was omitted by reason of ignorance, mistake, fraud, or undue advantage.” Streator v. Jones, 1 Murph., 449; Bonham v. Craig, 80 N. C., 224.
There is no pretence in our case that the alleged clause of redemption was omitted und^r any of the circumstances above mentioned. On the contrary, the deed seems to have been written as the parties intended. There is nothing in the testimony or pleadings which suggest any other view. The witnesses all say, in substance, that the “ homestead tract” was conveyed as an additional security for the payment of the remainder of the land which Boyd had bought at the sale by the commissioner. Whatever may be said as to a trust attaching to this land in the hands of Boyd, and the admissibility of parol testimony to establish it, can have no application to the homestead tract, the title to which was
For these reasons, we are of the opinion that the objection to the testimony was well taken, and that there should be a new trial.
Error. Reversed.
Reference
- Full Case Name
- W. G. EGERTON, Administrator of MARK P. JONES v. NANNIE P. JONES
- Status
- and the witness then stated