Opinion
Filed 18 October, 1950.
APPEAL by plaintiff from Bobbitt, J., at the March-April Term, 1950, of CLEVELAND.
Naomi McMillan Ledford in propria persona.
Falls Falls for defendants.
This is a civil action to set aside a consent judgment and a deed of release signed by the plaintiff on the ground of mutual mistake on the part of the plaintiff and the defendants.
It appears from the record that J. F. Ledford, the late husband of the plaintiff, died on 20 March, 1947, leaving a last will and testament, from which the plaintiff dissented. She thereafter filed in the Superior Court of Cleveland County a petition for the allotment of dower.
The parties thereto compromised their differences and a consent judgment was entered and the plaintiff, in consideration of the sum of $15,000, paid to her by the defendants, executed a quitclaim deed to the defendants, on 27 October, 1947, as provided in the consent judgment.
The plaintiff thereafter made a motion in the cause to set aside the judgment entered in the proceeding signed by consent of her attorney. The motion was denied and the plaintiff appealed to this Court and the ruling of the lower court was upheld. See Ledford v. Ledford, 229 N.C. 373, 49 S.E.2d 794.
After the decision was rendered in the above case, this action was instituted.
Upon the hearing below, at the close of all the evidence, the defendants renewed their motion for judgment as of nonsuit interposed at the close of plaintiff's evidence, and the motion was allowed. Plaintiff appeals and assigns error.
The evidence as revealed by the record herein is insufficient to warrant the submission of the case to the jury on the question of mutual mistake.
The judgment of nonsuit is
Affirmed.