Keistler v. Keistler
Court of Appeals of North Carolina
1Opinion of the Court
WYNN, Judge.
A resulting trust may arise when one furnishes the consideration to pay for property, but title is taken in the name of another. The defendants in this case argue that a resulting trust may be imposed in favor of one owner who has paid the consideration for the property against a non-paying joint owner. Because we agree that a resulting trust may be created between co-owners, we reverse the trial court’s grant of summary judgment in favor of the plaintiffs.
The parties in this case dispute the ownership of five parcels of real property located in Mecklenburg County, North Carolina.…
2Cases cited10 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Bowen v. DardenSupreme Court of North Carolina · 1954
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Cline v. ClineSupreme Court of North Carolina · 1979
- Warzynski v. Empire Comfort Systems, Inc.Court of Appeals of North Carolina · 1991
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3Cited by2 opinions
- Miller v. RoseCourt of Appeals of North Carolina · 2000
- Burns v. CreechUnited States Bankruptcy Court, M.D. North Carolina · 2006