105 N.C. 197
Supreme Court of North Carolina
Decided February 15, 1890
Supreme Court of North Carolina · decided 1890-02-15
This was a civil ACTION, tried before Connor, J., at April Term, 1889, of the Superior Court of FraNKLIN County. The following issue was, by consent, submitted to the jury: “Was the deed set out in the complaint intended as a mortgage. If so, was clause for redemption omitted by mistake of the draftsman ?
Decided 1890-02-15
¶1after stating the facts: In Norris v. McLam, 104 N. C., 159, Justice Shepherd, delivering the opinion of the Court, says: “It is well settled, that in order to convert a deed, absolute on its face, into a mortgage, it must be alleged, and of course proved, that the clause of redemption was omitted by reason of ignorance, mistake, fraud, or undue advantage.” Egerton v. Jones, 102 N. C., 278.
¶2There is no error. • Affirmed.