Legal Opinion

McWhirter v. . McWhirter

Supreme Court of North Carolina

Decided May 3, 1911PublishedCited by 15 opinions

Appeal by plaintiff from Long, J., at tbe October Term, 1910, OÍ MeCKLENBTJRG. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Walker.

1Opinion of the CourtWaleer, J.

Tbis action was brought by tbe plaintiff, as administrator of W. C. McWhirter, for tbe purpose of having sold certain land, which is described in tbe complaint and alleged to belong to bis estate, for tbe payment of debts. Tbe defendant, Mrs. R. J. McWhirter, answered tbe complaint and averred that tbe land did not belong to W. C. McWhirter, although be bad tbe legal title thereto, for that be bad bought tbe same with her money and for her benefit, and be therefore held it in trust for her. An issue was submitted to tbe jury, as to tbe existence of tbe alleged trust, express or resulting, and…

2Cases cited9 opinions

  1. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
  2. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
  3. Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
  4. Williams v. . HaidSupreme Court of North Carolina · 1896
  5. Holden v. . StricklandSupreme Court of North Carolina · 1895

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3Cited by15 opinions

  1. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  2. Rhodes v. RaxterSupreme Court of North Carolina · 1955
  3. Daniel Boone Complex, Inc. v. FurstCourt of Appeals of North Carolina · 1979
  4. Grimes v. . AndrewsSupreme Court of North Carolina · 1915
  5. Ray v. . PattersonSupreme Court of North Carolina · 1915

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