Smiley v. . Pearce
Supreme Court of North Carolina
Civil ACTION, tried before Shepherd. Judge, at Spring Term, 1887, of JOHNSTON Superior Court. The plaintiffs alleged, that about the year 1883 or 1884, the defendant J. B. Pearce and his father J. W. Pearce (who was the father also of the plaintiff Mary R. Smiley) purchased a tract of land jointly, but the conveyance was made to the son, upon the express trust that he should hold the title thereto for the joint and equal use of himself and his sister, the said Mary; that in…
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Civil ACTION, tried before Shepherd. Judge, at Spring Term, 1887, of JOHNSTON Superior Court. The plaintiffs alleged, that about the year 1883 or 1884, the defendant J. B. Pearce and his father J. W. Pearce (who was the father also of the plaintiff Mary R. Smiley) purchased a tract of land jointly, but the conveyance was made to the son, upon the express trust that he should hold the title thereto for the joint and equal use of himself and his sister, the said Mary; that in pursuance of this understanding, and to avoid some family complications, Pearce conveyed the legal title to Thos. R.…
1Opinion of the Court
■ Smith, C. J.
Exception 1. The feme plaintiff testified to-repeated conversations with her brother, the defendant Pearce, in which he said their father paid for the land, and that they were to share it equally, adding that he would go to Raleigh, sell to Purnell, and he would sell witness 110 acres, which seems to have been the division agreed upon • that witness afterwards, with Pearce, went to Raleigh, where Purnell sold half the land to witness, Pearce being present, and delivered a deed for the same to her. But as it was without signature of his wife, the deed. was handed back to him that…
2Cases cited2 opinions
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
3Cited by31 opinions
- Harding v. . LongSupreme Court of North Carolina · 1889
- Ortiz v. StateSupreme Court of Florida · 1892
- S. v. . EnglishSupreme Court of North Carolina · 1913
- State v. EnglishSupreme Court of North Carolina · 1913
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
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