Goldsborough v. . Turner
Supreme Court of North Carolina
Civil ActioN to set aside a deed, tried before Oloud, J., at Fall Term, 1872, of RowaN S-npérior Court. The complaint alleged that the defendant, James O. Turner, was tbe owner oí a house and lot in Salisbury ; that he was indebted for the purchase money, some $1,500, and that he was also indebted to Goldsborough and Tate in three notes of $1,000 each, with interest due thereon ; that in order to secure these debts he executed a deed in trust to the plaintiff, with a proviso…
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Civil ActioN to set aside a deed, tried before Oloud, J., at Fall Term, 1872, of RowaN S-npérior Court. The complaint alleged that the defendant, James O. Turner, was tbe owner oí a house and lot in Salisbury ; that he was indebted for the purchase money, some $1,500, and that he was also indebted to Goldsborough and Tate in three notes of $1,000 each, with interest due thereon ; that in order to secure these debts he executed a deed in trust to the plaintiff, with a proviso that if the debts were not paid on the 4th July, 1867, the trustee should sell, &c., &c ; that a thousand dollars was…
1Opinion of the CourtEodman, J.
1st. As the plaintiff has stricken from his complaint his prayer for the sale of the land under the trust, we think there is no necessity for making the cestui que trusts parties to the action. Calvert on Parties in Eq. 213, citing Wakeman v. Rutland 8, Bro. P. C. 145, Saville v. Tancred 3, Swans. 141, and Hyde v. White 5, Sim. 524.
2d. By sections224, 225, ot C. O. P., the Judge may himself decide the issues of fact made in a case like this. He may also submit to a jury issues so framed as to present any questions of fact on which he doubts, arising out of the pleadings. But this is for his…
2Cited by5 opinions
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