Sprague v. . Bond
Supreme Court of North Carolina
This was a civil ACTION, tried at Spring Term, 1891, of the Superior Court of Caldwell, before Rohe, J. The plaintiff was introduced as a witness in his own behalf, and testified, after defendant’s objection, that in the years 1871 and 1872, and thereafter, he was engaged in entering lands in Caldwell and Burke Counties, N. C., when Henry F. Bond, father of the defendant Louisa N. Bond, said his daughter had some $10,000 in bonds, the money on which would soon be available,…
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This was a civil ACTION, tried at Spring Term, 1891, of the Superior Court of Caldwell, before Rohe, J. The plaintiff was introduced as a witness in his own behalf, and testified, after defendant’s objection, that in the years 1871 and 1872, and thereafter, he was engaged in entering lands in Caldwell and Burke Counties, N. C., when Henry F. Bond, father of the defendant Louisa N. Bond, said his daughter had some $10,000 in bonds, the money on which would soon be available, and, as her agent, said Henry F. Bond agreed to advance the money necessary to take out certain grants. Plaintiff was…
1Opinion of the Court
Shepherd, J.:
We entirely concur with the rulings of his Honor that the plaintiff could not have established any trust in the lands conveyed by him to the defendant. This is conceded by the plaintiff’s counsel, and it is, therefore, needless to enter into the consideration of that question.
We are of opinion, however, that upon the pleadings and evidence, the plaintiff is entitled to an account of the proceeds of the sale of the land in order to ascertain the amount due him as the consideration of the conveyance, and that he may recover the same.
The enforcement of the alleged agreement, after…
2Cases cited4 opinions
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Hess v. FoxNew York Supreme Court · 1833
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Miller v. KendigSupreme Court of Iowa · 1880
3Cited by18 opinions
- Brogden v. GibsonSupreme Court of North Carolina · 1914
- Walters v. . WaltersSupreme Court of North Carolina · 1916
- Buie v. KennedySupreme Court of North Carolina · 1913
- Bourne v. Sherrill.Supreme Court of North Carolina · 1906
- Brown v. . HobbsSupreme Court of North Carolina · 1908
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