{
  "id": 8696917,
  "name": "STEPHEN JOHNSON v. THEOPHILUS WOODY",
  "name_abbreviation": "Johnson v. Woody",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "397",
  "last_page": "399",
  "citations": [
    {
      "type": "official",
      "cite": "76 N.C. 397"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "73 N C. 618",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": -1
    },
    {
      "cite": "74 N. C. 139",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8682070
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/74/0139-01"
      ]
    },
    {
      "cite": "73 N. C. 613",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8697375
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/73/0613-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 260,
    "char_count": 3437,
    "ocr_confidence": 0.395,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.208101707860188
    },
    "sha256": "620a65ab5a7078aedc362eb6cf61aa8d141fc350bdaa3e8f5278a75f8b61a3f4",
    "simhash": "1:da01641480c91a35",
    "word_count": 621
  },
  "last_updated": "2023-07-14T21:21:57.000998+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STEPHEN JOHNSON v. THEOPHILUS WOODY."
    ],
    "opinions": [
      {
        "text": "Readu, .].\nIt is admitted that the land in dispute was' at one time the property of William Woody ; and the plaintiff Insists that said William.Woody was seized and possessed of the land at the time of his death ; and that the same de-oended to his children and heirs at law; and that he the plaintiff bought six ninths of the undivided shares of the heirs; and that he now owns the same and he claims to be let into possession with the defendant, who is one of the heirs at law, as tenant in common.\nThe defendant who is one of the children and heirs at, law of the deceased William Woody, claims under an alleged purchase from his father, and shows a deed for the whole land. To this the plaintiff\u2019replied that the said deed was a forgery.\nThere was an issue submitted to the jury, \u2018 whether that deed was a forgery ?\u201d And the jury found that it was not.\nUpon the trial of that issue the plaintiff proved and relied upon a number of circumstances to show that the deed was a forgery, such as, that the grantor remained in possession all his life, that the defendant paid him rent for a portion of it, that he took a deed from him for fifty acres of it, that the defendant took out a grant from the State for it, that he did not pay taxes for it, that lie took the insolvent debtor\u2019s oath, that he only claimed one ninth of it after his father\u2019s death, that he purchased the share of one of the other heirs; which circumstances together with others, it would seem, must have made a pretty formidable array against the defendant upon the question of forgery. But still the jury found that the deed was not a forgery. And it would seem that this should have put an end to the plaintiff\u2019s case. And so His Honor below held. But 1he plaintiff\u2019s learned and ingenious counsel now insist that altliougb these circumstances had not the force to induce the jury to find the deed a forgery, yet they should have the force to estop the defendant from claiming title under it. And for this he cites Holmes v. Crowell, 73 N. C. 613 ; Exum v. Cogdell, 74 N. C. 139, and Bigelow on Estop-pel, 438. But before that doctrine can avail the plaintiff, it must appear at least that the defendant concealed his title when he knew that it was calculated to-deceive the plaintiff and induce him to buy ; and that he was thereby deceived and induced to buy. But here there was no issue involving the question, an. I no evidence tending to prove it.\nThere is no error.\nPrut Cuuiam. Judgment affirmed.",
        "type": "majority",
        "author": "Readu, .]."
      }
    ],
    "attorneys": [
      "Messrs. M. L. McCorkle and Scott Ccdcltodl, for plaintiff",
      "Messrs. R. F. Arm full, and G. W. Folk, for defendant."
    ],
    "corrections": "",
    "head_matter": "STEPHEN JOHNSON v. THEOPHILUS WOODY.\nPrcietice \u2014 Verdict of Jury on Issue\u25a0 of Forgery.\nWhere a jury upon an issue of forgery find a verdict in favor of the de?-fendant, the circumstances upon which the plaintiff relied in that issue? cannot have the force to estop the defendant from claiming under the? instrument.\n(.Holmes v. Crowell, 73 N C. 618; \u00a3at\u00bbv. Gogdell, -7-1 N. O. 139, cited\u00bb, distinguished and approved.)\nCivil ActioN, to recover an interest in Land, tried at Eall Term, 1876, of AlexaNder Superior Court, before Buxton, J.\nThe case ivas removed from \"Wilkes County, and the facts* necessary to an understanding of the opinion, are sufficiently-stated by Mr. Justice Reade.\nUpon the issues submitted and under the instructions, off the Court below, the jury rendered a verdict for the defendant. Judgment. Appeal by the plaintiff*.\nMessrs. M. L. McCorkle and Scott Ccdcltodl, for plaintiff\nMessrs. R. F. Arm full, and G. W. Folk, for defendant."
  },
  "file_name": "0397-01",
  "first_page_order": 409,
  "last_page_order": 411
}