Dover v. . Rhea
Supreme Court of North Carolina
This was a civil ACTION, tried before Philips, J., and a jury, at Fall Term, 1890, of the Superior Court of Madison County. The purpose of the action was to declare the defendant a trustee for the benefit of the plaintiff Polly as to a certain tract of land described in the complaint.
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This was a civil ACTION, tried before Philips, J., and a jury, at Fall Term, 1890, of the Superior Court of Madison County. The purpose of the action was to declare the defendant a trustee for the benefit of the plaintiff Polly as to a certain tract of land described in the complaint. The only issue submitted to the jury was as follows: “Does H. R. Rhea hold the land under a parol agreement to convey to Polly Dover?” It was in evidence that J. L. Rhea, the father of the feme plaintiff and defendant, conveyed the said land (it being known as the Arrington tract) to his son N. L. Rhea by deed…
1Opinion of the Court
Si-iephkrd, J.:
There was evidence tending to show that J. L. Rhea, in effect, conveyed the land to the defendant upon a parol trust to sell the same and apply the proceeds to the satisfaction and discharge of the judgments and costs mentioned in the complaint. Assuming this to be true, we are, nevertheless, unable to find anything in the record which warrants the judgment of his Honor declaring that the defendant held the land in trust for the feme plaintiff, and directing that he execute a conveyance to her. If, as contended, the purposes of the trust were effectuated by the trustor with…
2Cases cited3 opinions
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
- Holmes v. . HolmesSupreme Court of North Carolina · 1882
- Holler v. . RichardsSupreme Court of North Carolina · 1889
3Cited by5 opinions
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- Taylor v. . AddingtonSupreme Court of North Carolina · 1942
- McDaniel v. FordhamSupreme Court of North Carolina · 1964
- Estate of Snook, Superior Court of California, County of San Francisco1897
- Patton v. . ClendeninSupreme Court of North Carolina · 1819