Legal Opinion

Alston v. . Connell

Supreme Court of North Carolina

Decided March 6, 1906PublishedCited by 20 opinions

Action by P. G. Alston and others against W. A. Cornell and others, heard by Judge E. B. Jones and a jury, at the September Term, 1905, of the Superior Court of Warren.

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Action by P. G. Alston and others against W. A. Cornell and others, heard by Judge E. B. Jones and a jury, at the September Term, 1905, of the Superior Court of Warren. The facts pertinent to an understanding of the case, admitted and established by the verdict, are. as follows: Prior to March Y, 1892, Mrs. Ruina Alston, having become indebted to Thomas Connell in the sum of $2,440, executed a mortgage to him to secure said indebtedness on her plantation known as “Tusculum,” containing about 600 acres. Being unable to pay, on March Y, 1892, she conveyed the property to her son, R. W. Alston,…

1Opinion of the Court

Hoke, J.,

after stating the case: The heirs at law and personal representatives of 33. C. Alston, wife of P. G. Alston, the original plaintiff, having been made parties plaintiff, it may be that on the facts set out in the complaint and indicated in the testimony, that these heirs might successfully assert a right to redeem the property, either on the idea of a parol trust or more simply by holding that under all the facts and circumstances suggested, the relationship of mortgagor and mortgagee had never terminated between them and Thomas Connell, the ancestor of the defendants, and under whom…

2Cases cited4 opinions

  1. Swain v. SeamansSupreme Court of the United States · 1870
  2. Barton v. GrayMichigan Supreme Court · 1885
  3. Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
  4. Stancill v. . JamesSupreme Court of North Carolina · 1900

3Cited by20 opinions

  1. Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
  2. Trogden v. . WilliamsSupreme Court of North Carolina · 1907
  3. Hardy v. . WardSupreme Court of North Carolina · 1909
  4. Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
  5. Product Company v. Dunn.Supreme Court of North Carolina · 1906

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