{
  "id": 11307087,
  "name": "ANNA BROWN v. JOHN T. GURKIN, JOHN W. GURKIN",
  "name_abbreviation": "Brown v. Gurkin",
  "decision_date": "1974-07-17",
  "docket_number": "No. 742SC251",
  "first_page": "456",
  "last_page": "459",
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    "id": 14983,
    "name": "North Carolina Court of Appeals"
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      "cite": "229 N.C. 92",
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    {
      "cite": "246 N.C. 77",
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      "year": 1958,
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    {
      "cite": "249 N.C. 152",
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      "year": 1960,
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    {
      "cite": "253 N.C. 791",
      "category": "reporters:state",
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  "last_updated": "2023-07-14T16:09:41.671000+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Britt and Carson concur."
    ],
    "parties": [
      "ANNA BROWN v. JOHN T. GURKIN, JOHN W. GURKIN"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nThe only question presented on this appeal is whether the Court erred in directing verdict for the defendants.\nIt 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 bp 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, dehors the deed, inconsistent with the idea of an absolute conveyance. Isley v. Brown, 253 N.C. 791, 117 S.E. 2d 821 (1960); Perkins v. Perkins, 249 N.C. 152, 105 S.E. 2d 663 (1958).\nIn Harris v. Bingham, 246 N.C. 77, 97 S.E. 2d 453 (1957), Parker, J., later C.J., quoting from Harrison v. R. R., 229 N.C. 92, 47 S.E. 2d 698 (1948), said:\n\u201cThe duty to read an instrument or to have it read before signing it, is a positive one, and the failure to do so, in absence of any mistake, fraud, or oppression, is a circumstance against which no relief may be had, either at law or in equity.\u201d See also, Williams v. Williams, 220 N.C. 806, 18 S.E. 2d 364 (1941).\nIn the present case, the plaintiff neither alleged nor offered any evidence tending to show that the clause of redemption was omitted from the deed, which she signed, because of ignorance, mistake, fraud, or undue advantage. There is no evidence in this record tending to show that plaintiff was prevented in any way from ascertaining that the \u201cpaper\u201d which she was signing was a deed conveying the property to the defendants with a life estate in the home reserved to her.\nWhen evidence in this case is considered in the light most favorable to the plaintiff and all contradictions and conflicts in plaintiff\u2019s testimony are resolved in her favor, we are of the opinion that Judge Cohoon was correct in directing a verdict for defendants.\nThe judgment is\nAffirmed.\nJudges Britt and Carson concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Milton E. Moore and Regina Moore for plaintiff appellant.",
      "Griffin & Martin by Clarence M. Griffin for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "ANNA BROWN v. JOHN T. GURKIN, JOHN W. GURKIN\nNo. 742SC251\n(Filed 17 July 1974)\nReformation of Instruments \u00a7 7\u2014 action to have deed declared deed of trust \u2014 insufficiency of evidence\nDirected verdict was properly entered in favor of defendants in an action to have a deed reformed and declared a deed of trust where plaintiff neither alleged nor offered any evidence tending to show that a clause of redemption was omitted from the deed which she signed because of ignorance, mistake, fraud or undue advantage, and there was no evidence that plaintiff was prevented from ascertaining that the paper writing which she signed was a deed conveying the property to defendants with a life estate in the home reserved to her.\nAppeal by plaintiff from Cohoon, Judge, 13 November 1973 Session of Superior Court held in Martin County. Heard in the Court of Appeals 11 April 1974.\nThis is a civil action wherein the plaintiff, Anna Brown, seeks to have a deed, absolute on its face, reformed and declared a deed of trust.\nThe evidence at trial tended to show the following:\nIn 1965 James Brown, plaintiff\u2019s son, obtained a loan in the amount of $3,000.00 from Wachovia Bank and Trust Company (Wachovia), said loan being secured by a deed of trust on land owned by plaintiff. Plaintiff\u2019s son was unable to satisfy the debt to Wachovia and the bank threatened to foreclose on the plaintiff\u2019s property. In order to prevent foreclosure, the plaintiff\u2019s son approached Mr. John W. Gurkin \u201cabout borrowing some money to pay off this farm note.\u201d The events which transpired thereafter are detailed in the somewhat confusing and contradictory testimony of the plaintiff.\n\u201cNo, sir, I don\u2019t remember the date of the month it was, neither of the year Mr. Gurkin came by to bring me to Williamston to sign a deed. Yes, he came to my house Mr. Gurkin\u2019s son and took me uptown. * * * Yes, I went up there because that is where he wanted me to sign the paper.\nYes, to sign some papers. I guess it was a deed. He told me he wanted me to sign a deed. I call it a paper. Yes, I went with him in a car, I think. No, sir, no one else on the car. No, sir, I did not know what I was signing. I certainly did not. No, I had not asked Mr. Gurkin for any money to take up the place. I don\u2019t think Mr. Gurkin came but once to my house. Right that was the time he took me uptown.\nI didn\u2019t tell him anything that I know of what I wanted to do \u2014 I wanted my home back. I rode uptown with him to sign the paper with him. No, he didn\u2019t tell me what kind of paper it was. If he did I forgot what he said about the paper, what kind it was.\nI was 75 or 80 or 90 years old, along in there, because they say I am 80 now. I said 75 or 80 at the time he took me uptown. No, Mr. Gurkin did not explain what the paper was. Of course, I looked at the paper when I was signing it. No, sir, I didn\u2019t know what I was signing. I don\u2019t believe there was nobody in there but myself and Mr. Gurkin, and the one doing the writing. I don\u2019t believe there was. After I signed the paper Mr. Gurkin didn\u2019t tell me anything only we got ready and come on back home.\nHe didn\u2019t give me anything, but his father, before I left home, his father gave me $20.00. Mr. Gurkin took me . home. Yes, same one carried me brought me back. No, sir, I have not learned since what that paper was that I signed. I did not know the paper was a deed.\nNo, sir, I never asked Mr. Gurkin for any money. No, sir, I did not. No, sir, I did not want to sell my place at the time. No, sir, I had never approached Mr. Gurkin about selling my place. Yes, I now know the paper I signed was a deed, but I didn\u2019t know it then.\u201d\nWhile on cross-examination of the plaintiff, the record discloses :\n\u201cQ. It was understood between you and him at the time . . .\nObjection. Overruled.\nthat you could live in that house as long as you lived, there would be a life estate preserved in that house for you, wasn\u2019t it?\nA. Yes, sir, life estate. Yes, this was understood by me. Yes, sir, I knew it was a deed. Right that is the reason I later went to Mm about buying it back. No. Mr. Johnny Gurkin did not give me four fifty dollar bills. If he did I don\u2019t remember. No, sir, I certainly don\u2019t, my memory is short\nAt the conclusion of the plaintiff\u2019s evidence, the defendants moved for a directed verdict, and this motion was granted. The plaintiff appealed.\nMilton E. Moore and Regina Moore for plaintiff appellant.\nGriffin & Martin by Clarence M. Griffin for defendant appellees."
  },
  "file_name": "0456-01",
  "first_page_order": 488,
  "last_page_order": 491
}