McLawhorn v. . Harris
Supreme Court of North Carolina
Appeal from Ferguson, J., at March Term, 1911, of Pitt. The plaintiffs, children and heirs of Robert A. McLawhorn, deceased, bring this action against the feme defendant, Bettie Harris, only child and heir of L. Francis McLawhorn, deceased, to set up and establish a parol trust as against said Francis McLawhorn in the lands described in the pleadings, claiming to own one undivided half of the lands in common with the said Francis.
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Appeal from Ferguson, J., at March Term, 1911, of Pitt. The plaintiffs, children and heirs of Robert A. McLawhorn, deceased, bring this action against the feme defendant, Bettie Harris, only child and heir of L. Francis McLawhorn, deceased, to set up and establish a parol trust as against said Francis McLawhorn in the lands described in the pleadings, claiming to own one undivided half of the lands in common with the said Francis. His Honor submitted these issues: 1. Did L. F. McLawhorn take title to said land from J. P. Elliott in trust to hold one-half of the same for the benefit of…
1Opinion of the CourtBbowN, J.
The land in controversy was conveyed to Robert and Francis McLawhorn, brothers, in 1890, by Harry Skinner, the purchase price payable in cotton bonds. To secure the delivery of the cotton, certain bonds were taken payable to the copartnership of Latham & Skinner and secured by deed in trust to Harry Skinner. Before the death of Robert Mc-Lawhorn, which occurred in 1893, the cotton bonds were duly assigned by Latham & Skinner to Elliott Brothers, of Baltimore.
In default of the discharge of the bonds, the land was advertised and sold under the trust on 24 March, 1894, by Harry Skinner, wbo…
2Cases cited4 opinions
- Reed v. BachmanWest Virginia Supreme Court · 1907
- Jackson v. . BairdSupreme Court of North Carolina · 1908
- Sutton v. . JenkinsSupreme Court of North Carolina · 1908
- Saunders v. . GatlinSupreme Court of North Carolina · 1835
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- Everhart v. . AddertonSupreme Court of North Carolina · 1918
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