Henley v. . Holt

DEVIN, J., joins in dissenting opinion. Civil action to establish a parol trust in lands, tried upon the following issues:

"1. Did the defendants, Floyd H. Holt and wife, Mary Elizabeth Holt, take title to the lands in controversy impressed with a trust in favor of the plaintiff, as alleged in the complaint? Ans.: `No.'

"2. If so, is the plaintiff estopped to assert the said trust, as alleged in the answer? ____________."

From judgment on verdict, the plaintiff appeals, assigning errors. This is the same case that was before us on plaintiff's appeal at the Fall Term, 1938, reported in 214 N.C.…