Opinion · Supreme Court of North Carolina

Dula v. . Young

70 N.C. 450

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1874-01-05
Topic
general

Settle,!. We do not think that the plaintiffs, have had fair measure. After the evidence had all been submitted and argued to the jury, the Court told the jury “that the plaintiffs were not entitled to recover in any event, and if the issues were found for the plaintiffs he would set aside the verdict.” Afterwards the Court said, “the jury can take the issues and pass upon them and say how the matter was.” *453 This manner of submitting the issues was calculated to throw the jury off their guard and to prejudice the rights of the plaintiffs. Why consider the evidence with that care and attention, which properly belongs to all jury trials, if their findings are to have no weight with the Court, but are to be set aside in .any event ? But even under this unfavorable charge, the j ury have found that “ that John Witherspoon did enter into an agreement with his wife Elizabeth, that if she would convey the Callo-way tract of land, and join him in a deed therefor to Prudénce Calloway, the heir-at-law of William Howard, that she should have the Elk Farm tract (the same now in suit) as a substitute ,and in lieu thereof, as her own land.” And now John Witherspoon and his wife Elizabeth both being dead, the Elk Farm has descended to the plaintiffs in this action, who are the heirs-at-law of both the said John and the said Elizabeth.

Citator

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Authority status
pending
Cited by
17 opinions