Cameron v. Cameron
| Decision Date | 15 December 1937 |
| Docket Number | 600. |
| Citation | 194 S.E. 102,212 N.C. 674 |
| Parties | CAMERON v. CAMERON et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Moore County; Cowper, Special Judge.
Suit by Fannie Cameron against Grover Cameron, J. A. Phillips, and others. From the judgment rendered, the last-named defendant appeals.
No error.
An action to cancel deed allegedly executed by a grantor who was non compos mentis was not barred by three-year statute of limitations, where it was brought within three years after grantor's death.
The judgment, which is as follows, indicates the controversy:
"This cause coming on to be heard and being heard before the undersigned Judge and a jury, and the following issues having been submitted to and answered by the jury as follows:
(1) Was N. A. Cameron without sufficient mental capacity to make and execute the alleged deed from N. A. Cameron to Grover Cameron dated December 16, 1924? Answer: Yes.
(2) Did J. A. Phillips cooperate and conspire with Grover Cameron to secure the execution of the deed from N. A Cameron to Grover Cameron, knowing that the said N. A Cameron was at the time without sufficient mental capacity to execute such deed? Answer: Yes.
(3) Is the plaintiff's alleged cause of action barred by the Three-Year Statute of Limitations as to J. A. Phillips as alleged in the answer? Answer: No.
Judgment of nonsuit was heretofore entered by order of the Court as to E. T. Hardy and Atlantic Joint Stock Land Bank. It is now, on motion of counsel for plaintiff, Considered, Adjudged and Decreed:
(1) That the deed purporting to have been executed December 16 1924 by N. A. Cameron to Grover Cameron, recorded in the office of the Register of Deeds for Moore County in Book of Deeds No. 94, at page 179, is null and void, and that the same be cancelled of record, to which end the Clerk of this Court shall write on the margin of said record in the office of the Register of Deeds the following: 'This deed declared null and void by decree of the Superior Court, February Term, 1937, in action of Fannie Cameron v. J. A.
Phillips and Grover Cameron, Judgment Docket # ---.' The Clerk shall fill in the judgment docket number of this decree and sign the said writing.
(2) That the plaintiff, Fannie Cameron, except as hereafter adjudged, is the owner in fee simple of an undivided one-half interest in the land described in the complaint herein, free and clear of all claim or claims of lien or other interest or encumbrances in any way founded upon or growing out of the said purported deed of N. A. Cameron to Grover Cameron, which is herein declared null and void. As to the title to the other moiety of said land adjudication thereof is reserved till the coming in of the Referee's report hereinafter provided for. Said land described as follows: Lying and being in Greenwood Township, Moore County, North Carolina, adjoining the lands of B. F. Cameron heirs, W. H. Core, Mrs. Furman Douglas, Loula Harrington, et als. Beginning on bank of stony branch southwest side of two sweetgums and two pine pointers, running S. 30 E. 1908 chains to a stake two blackjack and hickory pointers; thence S. 54 1/2 E. 3.42 chains to a stake 3 blackjacks and dead pine pointers; thence N. 3 E. 23.50 chains to a stake in channel of branch, B. F. Cameron's corner of 82 acres; thence down the channel of said branch to the beginning, containing eighty-seven (87) acres, more or less.
(3) The Court adjudges that any amounts, if any, paid by J. A. Phillips to or which inured to the advantage of N. A. Cameron, shall be repaid to him, if not recouped by the claims of the plaintiff against said J. A. Phillips in this cause, and such are valid claims against the estate of N. A. Cameron, deceased.
(4) Certain issues arising on the pleadings between the plaintiff and defendants, Grover Cameron, E. T. Hardy and J. A. Phillips, having been reserved and not submitted to the jury, it is further considered, ordered and adjudged that J. Vance Rowe, Esq., be and he is hereby appointed Referee to take and state an account and report promptly to the Court in reference to: (a) All taxes, if any, paid by J. A....
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