Opinion

Flack v. Garriss

  • 58 N.C. App. 573
  • 293 S.E.2d 827
  • 1982 N.C. App. LEXIS 2798
Court
Court of Appeals of North Carolina
Filed
Aug 3, 1982
Status
Published
Author
Vaughn
On the bench
Chichester, Defendants, Harry, Hill, Martin, Vaughn
Cited by
0 cases

The opinion

Judge Vaughn

dissenting.

I concur in the result reached as to defendant Chichester.

I must, however, dissent from the opinion of the majority as to the other defendant. The judge instructed the jury that:

“First, there must be a voluntary conveyance, and a voluntary conveyance or a conveyance is deemed to be voluntary when the purchaser does not pay a reasonably fair price such as would indicate unfair dealing and be suggestive of fraud.”

That instruction is obviously wrong and went to the heart of plaintiffs’ case. There was ample evidence that would have permitted the jury to find for plaintiffs without finding that there *577 was a voluntary conveyance. The error was never corrected and was manifestly prejudicial. For the error assigned, I vote to order a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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