Peacock v. . Stott
Supreme Court of North Carolina
Civil AcxroN tried at Fall Term, 1883, of Nash Superior Court, before Philips, J. Upon excluding the evidence offered by the plaintiff (set out' in the opinion here), the plaintiff exempted to the ruling of the' court below and suffered a nonsuit and appealed.
1Opinion of the Court
'Saiith, C. J.
The plaintiff as assignee of Alvin Peacock in this action seeks to set up and establish a parol trust in the land described in' the complaint, arising out of a contract entered into 3jv Wyatt Earn, Reckl in'je 'R'clnrdson and A. J. Taylor, credit ors, at the time when they purchased the same under, the trus-teed sale, apd they seek to follow the land thus charged and enforce the trust against the defendant who has acquired the legal estate. Among the issues produced by the conflicting allegations contained in the pleadings, one in the following words was submitted to the jury :
Di…
2Cases cited3 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Thompson v. . HumphreySupreme Court of North Carolina · 1880
3Cited by18 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- In Re PetersonSupreme Court of North Carolina · 1904
- Homewood Dairy Products Co. v. RobinsonSupreme Court of Alabama · 1950
- Armfield v. . ColvertSupreme Court of North Carolina · 1889
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