Davis v. Kerr.
Supreme Court of North Carolina
ActioN by Junius Davis, Receiver of the Bank of New Hanover, against J. D. Kerr ancl others, heard by Judge Fred Moore and a jury, at the Rail Term, 1905, of the Superior Court of Bladen. This was an action for the recovery of the possession of several tracts of land, the title to which plaintiff alleged to be in him as receiver of the Bant of New Hanover. Defendant J. D. Kerr admitted that the legal title was in plaintiff.
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ActioN by Junius Davis, Receiver of the Bank of New Hanover, against J. D. Kerr ancl others, heard by Judge Fred Moore and a jury, at the Rail Term, 1905, of the Superior Court of Bladen. This was an action for the recovery of the possession of several tracts of land, the title to which plaintiff alleged to be in him as receiver of the Bant of New Hanover. Defendant J. D. Kerr admitted that the legal title was in plaintiff. By way of equitable counterclaim he averred that being the owner of said lands, on the 18th day of January, 1885, he conveyed them by way of mortgage to Isaac Bates,…
1Opinion of the Court
Connor, J.,
after stating tbe case: We have not noted plaintiff’s several exceptions to Ilis Honor’s ruling in regard to the admissibility of evidence, because tbe questions raised by them are presented upon tbe demurrer to tbe entire evidence and motion for judgment of nonsuit. Tbe question pressed and argued in this court upon, tbe demurrer, is whether tbe entire evidence, if true, was of that character required to engraft a trust upon tbe legal title to land. Tbe plaintiff contends that proof of declarations of tbe bolder of tbe title, made antecedent to, or at tbe time of, tbe delivery of…
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