Joyner v. . Joyner
Supreme Court of North Carolina
Appeal from Lyon, J., May Special Term, 1909, of WayNB. Tbe plaintiff brought tbis action for divorce a mensa et thoro from defendant, and alleged that prior to and in contemplation of marriage with tbe defendant, they, on 27 May, 1895, executed a deed to B. F. Aycock, conveying certain described land in tbe town of Goldsboro, of wbicb plaintiff was seized in fee, and declared tbe following trusts: For tbe solé use and benefit of the plaintiff during tbe existence of tbe…
Read the full summary
Appeal from Lyon, J., May Special Term, 1909, of WayNB. Tbe plaintiff brought tbis action for divorce a mensa et thoro from defendant, and alleged that prior to and in contemplation of marriage with tbe defendant, they, on 27 May, 1895, executed a deed to B. F. Aycock, conveying certain described land in tbe town of Goldsboro, of wbicb plaintiff was seized in fee, and declared tbe following trusts: For tbe solé use and benefit of the plaintiff during tbe existence of tbe marriage, and, in the event she should survive tbe defendant, then to the plaintiff in fee simple, with a direction to tbe…
1Opinion of the Court
MANNING, J.,
after stating tbe case: ~We think it clear tbat tbe defendant is not entitled, by tbe application of any equitable principle, to have tbe value of tbe improvements made by bim upon tbe land held by tbe trustee, Ayeock, assessed against tbe land, or any judgment therefor against tbe plaintiff. We are referred by bis learned counsel to three cases (Baker v. Carson, 21 N. C., 381; Albea v. Griffin, 22 N. C., 9; Pitt v. Moore, 99 N. C., 85) tbat lay down certain equitable doctrines which, they submit, might fit tbe present case and give tbe defendant aid. An examination of these…
2Cases cited5 opinions
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Luton v. Badham.Supreme Court of North Carolina · 1900
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Smith v. Ingram.Supreme Court of North Carolina · 1903
3Cited by2 opinions
- Scheper v. ScheperSupreme Court of South Carolina · 1923
- Carter v. . CarterSupreme Court of North Carolina · 1921