Cowan v. Cowan
| Decision Date | 31 March 1920 |
| Docket Number | 307. |
| Citation | 102 S.E. 613,179 N.C. 695 |
| Parties | COWAN v. COWAN. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Bladen County; Calver, Judge.
Action by Jane Cowan against Georgina Cowan. Judgment for plaintiff, and defendant excepted and appeals. No error.
In an action to set aside deeds from plaintiff to defendant on the ground of fraud, evidence as to conduct of M. objected to on the ground that the defendant, and not M., was alleged to have committed the fraud, was competent, since M. was acting for defendant.
This is an action to set aside certain deeds executed by the plaintiff to the defendant, her daughter-in-law, on the ground of fraud. There was a verdict and judgment for the plaintiff, and the defendant excepted and appealed.
Lyon & Lyon, of Whiteville, for appellant.
J. Bayard Clark, of Elizabeth, for appellee.
We have carefully examined the record and find no error.
The evidence as to the conduct of Mathis which was objected to upon the ground that the complaint alleged that the defendant, and not Mathis, had committed the fraud, was competent, as Mathis was acting for the defendant, and that the defendant was not taken by surprise is shown by the fact that he was introduced as a witness for the defendant.
There was ample evidence to support the allegations of the complaint, and the motion for judgment of nonsuit was properly denied.
No error.
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...of the plaintiff. Saucer v. Willys-Overland, Inc., D.C., 49 F.2d 385; Trawick v. Chambliss, 42 Ga.App. 333, 156 S.E. 268; Cowan v. Cowan, 179 N.C. 695, 102 S.E. 613; Banks v. Watrous, 134 Conn. 592, 59 A.2d 723, 4 A.L.R.2d 286. See annotation following this case at 4 A.L.R.2d In our own cas......