Coxe v. . Carson
Supreme Court of North Carolina
Appeal by defendants from Long, J., at Fall Term, 1914, of Bueke. This action was brought to quiet title to land under the statute, and to remove a cloud from tbe same.
Read the full summary
Appeal by defendants from Long, J., at Fall Term, 1914, of Bueke. This action was brought to quiet title to land under the statute, and to remove a cloud from tbe same. Plaintiffs, as heirs and devisees of Frank Coxe, allege title to the land, known as the “Brindletown Gold Mines,” the interest in one-half of which was acquired by an absolute deed from Joseph C. Mills, Mrs. Margaret Carson, and Mrs. Eachel L. Williams to the said Frank Coxe, dated 22 December, 1880, the said parties being at that time tenants in common of said land. The defendants, Mrs. Carson and the heirs of Mrs. Williams,…
1Opinion of the Court
Walker, J.,
after stating the case: It is so clear to us, at least, that the defendant’s cause of action is barred upon any one of the three grounds we will state, that it becomes unnecessary to consider the case upon the instruction given to the jury as to the second issue. If there was an express trust, the defendants cannot recover on their counterclaim, because, in the first place, it was not to attach to the legal estate in Frank Coxe unless the mines yielded enough clear profit “in any reasonable term of years to pay me (Coxe) back the money I have paid you (Mrs. Carson and Mrs.…
2Cases cited8 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Sprague v. . BondSupreme Court of North Carolina · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Pritchard v. WilliamsSupreme Court of North Carolina · 1918
- Cunningham v. . LongSupreme Court of North Carolina · 1923
- Latham v. LathamSupreme Court of North Carolina · 1922
11 more not listed; retrieve them via the Exa API.