Ferguson v. . Haas
Supreme Court of North Carolina
Bill in equity, filed in 18G6, and heard upon bill answer and proofs, by Mitchell, J"., at Spring Term 1870 of Caldwell Court. The bill alleged that Allen Ferguson was seized of a certain piece of land; that John Ferguson, his brother, and one Langston, Ms brother-in-law, had obtained judgments against him; and that their executions had been levied on the land.
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Bill in equity, filed in 18G6, and heard upon bill answer and proofs, by Mitchell, J"., at Spring Term 1870 of Caldwell Court. The bill alleged that Allen Ferguson was seized of a certain piece of land; that John Ferguson, his brother, and one Langston, Ms brother-in-law, had obtained judgments against him; and that their executions had been levied on the land. Allen was then in prison; and it was agreed between him and John, that Allen shonld convey the land to John, who should also buy it M at the execution sale, and hold one-half of it in satisfaction of the execution debts, and the other…
1Opinion of the CourtRodman, J.
(After stating the facts as above.) The defendant contends that the case made by the bill is simply that of an oral declaration of a trust of the legal estate, which is invalid, by reason that the statute of frauds, Rev. Code, ch. 50, sec. 11, avoids all contracts to sell or convey any lands, &c., unless pnt in writing, and signed by the party to be charged therewith. His connsel, in an able and ingenious argument, endeavored to maintain that although the provision which is found in the English statute of frauds, 29 Car. II, c. 3, requiring all declarations of trust to be evidenced in…
2Cited by9 opinions
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