Strange v. Sink

CLARK, Judge.

Defendant contends that this case falls within the Gaylord rule that “a parol trust in favor of a grantor may not be en-grafted on a warranty deed in the absence of fraud, mistake or undue influence.” This prescription in Gaylord v. Gaylord, 150 N.C. 222, 63 S.E. 1028 (1909) has been approved and applied in many subsequent cases.

On the other hand, plaintiff contends that she was the beneficial owner under a resulting trust which arose by operation of law and that legal title held by defendant as trustees should be transferred to plaintiff.

The principal function of a deed is to…