Carroll v. Montgomery

1 Citing case

  1. Hammond v. Bullard

    148 S.E.2d 523 (N.C. 1966)   Cited 5 times

    The first one is that in the instant case the action was brought by a next friend, which was permissible under the law. Lamb v. Perry, 169 N.C. 436, 86 S.E. 179; Carroll v. Montgomery, 128 N.C. 278, 38 S.E. 874; Hicks v. Beam, 112 N.C. 642, 17 S.E. 490. The second reason is that in Davis v. Davis, supra, the jury found there was no fraud or undue influence involved in the procurement of the contested conveyance. Here, the jury found that Elva P. Hammond on 5 September 1962 was mentally incompetent to execute the deed, and also found that the defendants Bullard obtained the deed in question by fraud and undue influence.