Chesson v. Pettijohn

4 Citing cases

  1. Eyre v. Potter

    56 U.S. 42 (1853)   Cited 21 times

    These consequences would follow, that after the plaintiff has falsified the deed, and established by evidence that he was imposed upon when he put his seal to a false pretence of a sale, the defendant might escape and retain the spoils by admitting the falsehood of the deed, and thereby withdrawing himself out of the rules of the court, and insisting upon his own falsehood as the basis of a right to support the deed as a gift. A deed which expresses a valuable consideration, and no other, when impeached for inadequacy of price, cannot be supported by any evidence of natural love and affection. Vide 2 Hov. on Frauds, 14, 43, 102, and the cases there cited; Newland on Contracts, 359, 360, vide 2 Dev. Eq. 376; Jones v. Sasser, 1 D. B. Rep. 452; 1 D. B. Eq. 496; Chesson v. Pettijohn, 6 Ired. 121. It ought to be remembered that the consideration of natural love and affection is not only not expressed in the deed, but it has not been proved, nor is any thing secured in the deed to the separate use of the granddaughter of the plaintiff.

  2. Fraley v. Wilkinson

    79 Okla. 21 (Okla. 1920)   Cited 37 times

    Where a pleading fails to allege the character of the evidence, whether written or parol, to establish a contract, and the law requires the contract to be in writing, the presumption is that the contract was in writing. Whether parol evidence is competent to prove a contractual consideration in addition to a money consideration is a question on which we express no opinion; but see Tayiah v. Bunnell, 77 Okla. 40, 186 P. 240; Galveston, H. S. A. R. R. Co. v. Pfeuffer, 56 Tex. 66; Houston T. C. R. R. Co. v. McKinney, 55 Tex. 176; Thompson v. Thompson (Ind.) 68 Am. Dec. 638; Halvorsen v. Halvorson (Wis.) 197 N.W. 494; Chesson v. Pettijohn, 28 N.C. 121; 4 Ency. Ev. 204. Upon the court sustaining the demurrer, plaintiffs could have amended their petition to conform to the suggestions herein made. Having failed to do so, the reversal of this case with leave to amend in the trial court is a matter of grace and not of right.

  3. Credle v. Carrawan

    64 N.C. 422 (N.C. 1870)   Cited 6 times

    The defendants offered evidence tending to explain and render more specific the consideration first stated in the deed in general terms, and to show that the agreement, referred to, constituted a bona fide and valuable consideration. Such evidence was (425) clearly admissible, and it was improperly rejected: Jones v. Sasser, 18 N.C. 452; Chesson v. Pettijohn, 28 N.C. 121; 1 Greenl. Ev. 353. The evidence offered tended to show that the grantor formerly purchased the land in question from Benson, the trustee of the defendants; that a large part of the purchase money was still due, and that a mortgage had been taken to secure said debts; that the mortgage had existed for nearly two years and that the land was then of less value than the debts. Under these circumstances the grantor and his intended wife entered into an agreement that the debt and mortgage should be cancelled, and for this consideration, the grantor should execute a deed to the defendants. This agreement was not a marriage settlement or marriage contract, within the meaning of the Statute, Rev. Code, c. 37, ยง 24; and there was no necessity that it, should be in writing and duly registered.

  4. Williams v. Floyd

    27 N.C. 649 (N.C. 1845)   Cited 4 times

    PER CURIAM. Affirmed. Cited: Wright v. Roberts, 28 N.C. 121; Underwood v. McLaurin, 49 N.C. 18; Mears v. Speight, ib., 421. (663)