138 N.C. App. 459 - Lancaster v. Lancaster’s Empirical Analysis
2000
Citation profile
26 state decisions
Relationships
Relies on Hagler v. Hagler · Avriett v. Avriett · Curl by and Through Curl v. Key · Gaylord v. Gaylord · Miller v. North Carolina State Board of Registration for Professional Engineers & Land Surveyors
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hile a husband and wife generally share a confidential relationship, this relationship ends when the parties become adversaries.”
2 later decisions quote this exact passage“[i]t is well established that the existence of a mutual mistake as to a material fact comprising the essence of the agreement will provide grounds to rescind a contract. See Mullinax v. Fieldcrest Cannon, Inc., 100 N.C. App. 248, 251 , 395 S.E.2d 160, 162 (1990). “A mutual mistake of fact is a mistake ‘common to both parties and by reason of it each has done what neither intended.’ ” Swain v. C & N Evans Trucking Co., Inc., 126 N.C. App. 332, 335 , 484 S.E.2d 845, 848 (1997) (citation omitted).”
1 later decision quote this exact passage“In determining the validity of a separation agreement, we are not required to make an independent determination as to whether the agreement is fair. Absent a showing of any wrongdoing by a party to the agreement, 'we must assume that this arrangement was satisfying to both spouses at the time it was entered into.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.