NC · jury_instructions
N.C.P.I.—Civil 850.55
DEEDS - ACTION TO SET ASIDE - LACK OF LEGALLY ADEQUATE ACCEPTANCE.
The (state number) issue reads:
"Did (name grantee) fail to accept (identify deed) in a legally
adequate manner?"
On this issue the burden of proof is on the plaintiff. This means
that the plaintiff must prove, by the greater weight of the evidence, that
(name grantee) failed to accept (identify deed) in a legally adequate
manner.1
A legally adequate acceptance does not occur made if
[(name grantee) rejects, refuses or renounces the deed]2
[the deed recites a condition or requirement to which (name
grantee) does not assent]3
Finally, as to the (state number) issue on which the plaintiff has
the burden of proof, if you find by the greater weight of the evidence that
(name grantee) failed to accept (identify deed) in a legally adequate
manner, then it would be your duty to answer this issue "Yes" in favor of
the plaintiff.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 850.55 (May 2001). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b1e9f24a78b2601c5c9938aa57be91ebd87108f98ffb9849052930cd6b9bc236
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