Briley v. Roberson
| Citation | 199 S.E. 73,214 N.C. 295 |
| Decision Date | 19 October 1938 |
| Docket Number | 119. |
| Parties | BRILEY v. ROBERSON et al. |
| Court | United States State Supreme Court of North Carolina |
Appeal from Superior Court, Martin County; Clawson L. Williams Judge.
Action by Sam P. Briley against Vance L. Roberson and others individually, and Vance L. Roberson and others, executors of the will of J. H. Roberson, Jr., to set aside deed on the ground of fraud. From judgment for defendants, plaintiff appeals.
Reversed and remanded.
Parol trusts are recognized and under certain circumstances are upheld, but in absence of fraud, mistake, or undue influence they cannot be ingrafted in favor of maker upon warranty deed conveying to grantee an absolute and unqualified title in fee.
This is an action brought by plaintiff against defendants to set aside a deed for 108.35 acres of land in Martin County, N C., made December 19, 1930, by plaintiff to J. H. Roberson Jr., on the ground of fraud. The consideration set forth in the deed is $2,000. The complaint alleges that "not one cent of said amount was paid to plaintiff", and further alleges:
"That plaintiff was, and said J. H. Roberson, Jr., and the defendant Vance L. Roberson, well knew at the time he executed said deed that he was helpless to meet their demands to pay his debt to them in full; that he had implicit confidence in their said representations; that he was too old, feeble and illiterate to understand the difference in the written provisions of a deed, deed of trust and mortgage deed, and that plaintiff was placing his trust and confidence in them to write the instrument in a manner which would permit him to redeem his said farm upon the payment of said debt in the manner then and there agreed upon.
That said farm was at the time herein referred to and is now well worth the sum of Seven Thousand ($7,000) Dollars, which was more than twice the amount plaintiff owed all of his creditors, secured and unsecured.
That the plaintiff is informed and so believes and alleged, that the said representations made by said J. H. Roberson, Jr., and the defendant Vance L. Roberson, to plaintiff prior to and at the time he executed said deed were false, known to them to be false, and made for the purpose of defrauding plaintiff of his said tract of land. That the said J. H. Roberson, Jr., and the defendant, Vance L. Roberson, intentionally failed to write the defeasance or redemption clause in said conveyance for the purpose of defrauding plaintiff of his said farm. That the said J. H. Roberson, Jr., and defendant Vance L. Roberson, knew said farm was worth a large amount more than the debts thereon, and that if their said deed of trust had been foreclosed, the said lands would have sold for a large amount more than the debts against same, and that plaintiff would never have executed said deed had he known that he would not have had an opportunity to redeem said farm.
That plaintiff is informed and believes, and so alleges, that the said J. H. Roberson, Jr., and the defendant Vance L. Roberson, entered into said scheme to defraud plaintiff of his said farm, believing that plaintiff would thereafter be unable to borrow the money necessary to pay said debt or that he would soon die, and that the transaction would never be investigated.
That by reason of said false and fraudulent representations, upon which the plaintiff relied and was induced to deed away his said farm, believing that he was only executing a form of security for said debt he owed, he has been greatly damaged and injured, and said deed should be declared a mortgage and an accounting had to determine the amount, if any, plaintiff is indebted to defendants, and that he be permitted to pay same into a court and recover the title and possession of his said farm. That plaintiff is ready, willing and able to pay all that he justly owes the defendants.
That defendants, Vance L. Roberson, Della Louise Roberson and Helen Roberson Mardre are the sole devisees of said J. H. Roberson, Jr., and the defendant, George Mardre is the husband of the defendant, Helen Roberson Mardre, and the defendant, Myrtle Roberson is the wife of the defendant Vance L. Roberson.
That plaintiff brought his action in forma pauperis on or about the 26th day of January, 1937, and was granted a voluntary nonsuit during the November term of court, 1937.
Wherefore, plaintiff prays that the deed herein referred to be reformed and declared a mortgage; that an accounting be had of the rents and profits from said farm and the debts due defendants, and for such other and further relief as plaintiff may be entitled to herein."
The judgment of the Superior Court in the former action is as follows: "This cause coming on to be heard, now upon motion of the plaintiff it is Ordered, Adjudged and Decreed that the plaintiff be and he is hereby granted a voluntary nonsuit."
"Walter J. Bone, Judge Presiding."
The material allegations of the complaint were denied by the defendants.
The present action was brought January 6, 1938. The Court below rendered the following judgment:
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