Rush v. McPherson
Supreme Court of North Carolina
ActioN, tried before Webb, J., and a jury, at March Term, 1918, of Randolph. Plaintiffs, as beirs of Wiley Rush, Sr., deceased, brought this action to' have the defendant, T. B. McPherson, declared a trustee for the plaintiffs of a tract of land on the waters of Cedar Fork Creek, containing 50 acres, adjoining the lands of B. J. Fisher and others, and for other relief, upon the ground that McPherson bid off the land at a sale made in December, 1891, by J. S. Cox,…
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ActioN, tried before Webb, J., and a jury, at March Term, 1918, of Randolph. Plaintiffs, as beirs of Wiley Rush, Sr., deceased, brought this action to' have the defendant, T. B. McPherson, declared a trustee for the plaintiffs of a tract of land on the waters of Cedar Fork Creek, containing 50 acres, adjoining the lands of B. J. Fisher and others, and for other relief, upon the ground that McPherson bid off the land at a sale made in December, 1891, by J. S. Cox, commissioner, for their ancestor, Wiley Rush, Sr., and assigned his bid to Rush, and the commissioner executed a deed to Rush for…
1Opinion of the Court
WaleeR, J.,
after stating the case :• The defendant moved for a non-suit upon the ground that one of the plaintiffs’ witnesses had testified that Wiley Rush bought the land through him partly for the purpose of concealing the fact that he owned it until he could effect a compromise of a certain debt which was then pending. The witness further said that this was not his only reason, though it had something to do with it. The land was sold three times, and nobody would buy it, and Wiley Rush, Sr., said if they could not find a buyer that he would take it. There was evidence sufficient to show…
2Cases cited43 opinions
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- Daniel v. RailroadSupreme Court of North Carolina · 1904
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