Thurber. Whyland & Co. v. LaRoque
Supreme Court of North Carolina
This was a civil ACTION, brought by the plaintiffs, judgment creditors of the defendant W. D. LaRoque, to subject the land described in the fifteenth paragraph of the complaint, or the money expended by the said W. D. LaRoque in purchasing said land, and in placing improvements thereon, to the satisfaction of their judgments, tried by Bynum, J., at the November Term, 1889, of the Superior Court of LeNOIR County, upon the issues set out in the record proper.
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This was a civil ACTION, brought by the plaintiffs, judgment creditors of the defendant W. D. LaRoque, to subject the land described in the fifteenth paragraph of the complaint, or the money expended by the said W. D. LaRoque in purchasing said land, and in placing improvements thereon, to the satisfaction of their judgments, tried by Bynum, J., at the November Term, 1889, of the Superior Court of LeNOIR County, upon the issues set out in the record proper. The facts admitted and found by the jury were that the said W. H. LaRoque had contracted, by parol, on or about the 1st day of January,…
1Opinion of the CourtAvkry, J.
after stating the facts: The position that no resulting trust was raised by the transaction between Washington and the defendants — husband and wife — LaRoque, for which plaintiffs’ counsel contended, is untenable. The general principle that a consideration is necessary to raise a trust, and that equity will protect against one holding the legal title, the beneficial interest of him who pays the purchase-money for property, had its origin in the old doctrine governing uses Patton v. Clendenin, 3 Murph., 68; Pegues v. Pegues, 5 Iredell Eq., 418.
“ When a person has in his possession money or…
2Cases cited22 opinions
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Lyon v. . AkinSupreme Court of North Carolina · 1878
- Towles v. . FisherSupreme Court of North Carolina · 1877
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