McConnell v. . Caldwell, Adm'r. .
Supreme Court of North Carolina
ORIGINAL Bill in Equity, under our former system, filed at the Spring Term, 1861, of the Court of Equity for Meoelen-bueg county, tried in the Superior Court of said county, at Spring Terra, 1875, upon certain issues sent down from the Supreme Court, before his Honor, Judge Sohenck and a jury.
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ORIGINAL Bill in Equity, under our former system, filed at the Spring Term, 1861, of the Court of Equity for Meoelen-bueg county, tried in the Superior Court of said county, at Spring Terra, 1875, upon certain issues sent down from the Supreme Court, before his Honor, Judge Sohenck and a jury. The bill charges that James McConnell, the intestate of the defendant, Caldwell, and son of Thomas McConnell, Sr., purchased a tract of land from one Henderson, in the county of Mecklenburg, and paid for it with the money belonging to his father, and took a deed for the same in his own name; that the…
1Opinion of the CourtReade, J.
This was a bill in equity before the Code, to have the intestate of the defendant declared a trustee for the plaintiffs, as heirs at law of Thomas McConnell deceased, of a tract of land, which, it is alleged, said intestate bought for said Thomas, and paid for with the money of said Thomas, but took a deed in his own name.
The burden of proving this was upon the plaintiffs. "We think that the evidence fails to prove the allegation. And to aid ns in coming to a just conclusion, we sent down issues to be tried by a jury; and the jury found all the issues against the plaintiffs. This put the…
2Cited by3 opinions
- Wessell v. . RathjohnSupreme Court of North Carolina · 1883
- Jernigan v. . JerniganSupreme Court of North Carolina · 1946
- Grandin v. . TriplettSupreme Court of North Carolina · 1917