Randolph v. . Randolph
Supreme Court of North Carolina
This was a civil ACTION, heard at Spring Term, 1889, of Yancey Superior Court, before Armfield, J., on answer and demurrer. The facts are set out in the opinion.
1Opinion of the Court
Shepherd, J.:
The judgment recites that a demurrer was filed, but no such pleading to the amended answer appears in the record. Taking it, however, as a demurrer ore tenus, that the answer does not state facts sufficient to constitute a defence, or. counter-claim, we are of the opinion that there was no error in the ruling of the Court. The answer, while very inartifically drawn, states sufficient facts to establish a resulting trust in favor of the former wife, the mother of these defendants. Malone Real Property Trials, 505 ; Pom. Eq. Jur., 1031. It is alleged that the property was conveyed…
2Cases cited1 opinion
- Giles v. HunterSupreme Court of North Carolina · 1889
3Cited by2 opinions
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Iredell County v. CrawfordSupreme Court of North Carolina · 1964