Patterson v. Ramsey.
Supreme Court of North Carolina
ActioN by L M. Patterson against R. A. Ramsey, heard by Judge O. II. Allen and a jury, at February Term, 1904, of the Superior Court of IREdkll County. This action was brought to recover possession of a tract of land.
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ActioN by L M. Patterson against R. A. Ramsey, heard by Judge O. II. Allen and a jury, at February Term, 1904, of the Superior Court of IREdkll County. This action was brought to recover possession of a tract of land. Defendant set up in defense a parol trust, as follows: That the plaintiff bought the lands at a public sale made by the trustee under a power contained in a deed of trust executed by the defendant to S. J. Brawley to secure a debt due him, and that prior to the sale he promised and agreed to hold it in trust for the defendant until he could pay. the amount of the purchase-money…
1Opinion of the Court
Walker, L,
after stating the case. Upon the foregoing statement of facts taken from the record, we think his Honor erred in taxing the defendant with any part of the costs covered by his exception. The taxation and payment of costs are now regulated by statute (Clerk v. Comrs., 121 N. C., 29), and the courts have no power, of course, to adjudge costs against any of the parties to an action otherwise than is indicated in the statute, save perhaps in some cases where the Court may exercise its discretion, but this case is not within any such exception. It is provided by the statute that “costs…
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