BROWN v. GURKIN

No. 742SC251.

206 S.E.2d 504 (1974)

22 N.C. App. 456

Anna BROWN v. John T. GURKIN and John W. Gurkin.

Court of Appeals of North Carolina.

July 17, 1974.


Attorney(s) appearing for the Case

Milton E. Moore and Regina Moore, Williamston, for plaintiff appellant.

Griffin & Martin by Clarence W. Griffin, Williamston, for defendant appellees.


HEDRICK, Judge:

The only question presented on this appeal is whether the Court erred in directing verdict for the defendants.

It is well-settled in this State that in order to reform a deed, absolute on its face, into a mortgage or security for a debt, it must be alleged and proven that the clause of redemption was omitted by reason of ignorance, mistake, fraud, or undue advantage. This must be established by proof of declarations and proof of facts and circumstances...

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