Legal Opinion

Wells v. Crumpler

Supreme Court of North Carolina

Decided November 2, 1921PublishedCited by 6 opinions

Appeal by defendant King from K&rr, J., at tbe March Term, 1921, of New Haitoveb. This appeal is prosecuted by one of the defendants, B. F. King, Jr., from a judgment for plaintiffs in two cases which were consolidated and tried together by consent of counsel and order of the court.

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Appeal by defendant King from K&rr, J., at tbe March Term, 1921, of New Haitoveb. This appeal is prosecuted by one of the defendants, B. F. King, Jr., from a judgment for plaintiffs in two cases which were consolidated and tried together by consent of counsel and order of the court. The two cases were brought by the above-named plaintiffs, one against W. B. Grumpier and Ira Scott, partners trading as Grumpier & Scott, and B. F. King, Jr., and D. E. Foster, and the other by the same plaintiffs against Godfrey Hart, D. E. Foster, and B. F. King, Jr. The purpose of both actions was the same, and…

1Opinion of the Court

Waliíeb., J.,

after stating the material facts of the case: The decision of this appeal must turn largely upon the construction, or meaning, of the trust declared by D. E. Foster in the writing dated 16 July, 1912. If D. E. Foster purchased the property in his own name for no other purpose than that of a resale by him and a division of the net proceeds of such sale between him and B. F. King, Jr., there can hardly be any doubt that the trial proceeded correctly in the court below, but the defendant King contends that by that instrument an equitable estate was vested in him as to an undivided…

2Cases cited18 opinions

  1. Triplett v. . WilliamsSupreme Court of North Carolina · 1908
  2. Michael v. . FoilSupreme Court of North Carolina · 1888
  3. Gudger v. White.Supreme Court of North Carolina · 1906
  4. Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
  5. Faw v. WhittingtonSupreme Court of North Carolina · 1875

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3Cited by6 opinions

  1. Nowell v. Great Atlantic & Pacific Tea CompanySupreme Court of North Carolina · 1959
  2. Scott v. . BryanSupreme Court of North Carolina · 1936
  3. Hare v. . WeilSupreme Court of North Carolina · 1938
  4. Bell v. . BrownSupreme Court of North Carolina · 1947
  5. Wilmington Furniture Co. v. ColeSupreme Court of North Carolina · 1935

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