Hall v. . Artis
Supreme Court of North Carolina
Civil actioN, beard by Grady, J., at February Term, 1923, of GrREENE. Tbe plaintiffs instituted a proceeding before tbe clerk for tbe ultimate purpose of selling for partition tbe land described in tbe complaint, and as preliminary thereto of setting up a parol trust in tbe land. When tbe complaint and answer were filed — tbe defendants having pleaded sole seizin — tbe clerk transferred tbe cause to tbe civil-issue docket for trial.
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Civil actioN, beard by Grady, J., at February Term, 1923, of GrREENE. Tbe plaintiffs instituted a proceeding before tbe clerk for tbe ultimate purpose of selling for partition tbe land described in tbe complaint, and as preliminary thereto of setting up a parol trust in tbe land. When tbe complaint and answer were filed — tbe defendants having pleaded sole seizin — tbe clerk transferred tbe cause to tbe civil-issue docket for trial. In tbe Superior Court tbe defendants moved for judgment of nonsuit on tbe ground that tbe alleged cause of action is cognizable only in a court of equity, and…
1Opinion of the CourtAdams, J.
Tbe plaintiffs alleged that tbe land described in tbe complaint was devised by Daniel Artis to Henry Artis and charged with tbe payment of one-fourtb tbe amount of a pecuniary legacy bequeathed by tbe testator to Clara Edwards; that in due time tbe legatee brought suit to subject tbe land to tbe payment of this charge, and obtained an order of sale; that tbe defendant Settle Artis bought tbe property under an agreement that be should bold it in trust for Henry Artis and bis children-until repaid tbe purchase money, and that tbe full amount of tbe purchase price had been repaid him from tbe…
2Cases cited21 opinions
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Roseman v. Roseman.Supreme Court of North Carolina · 1900
- In Re AndersonSupreme Court of North Carolina · 1903
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
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