Wright v. . Cain
Supreme Court of North Carolina
Issues — •Statute of Limitation — Trusts—■Champerty—Par De-lictum. Civil ActioN tried before MacBae, Judge, and a jury, at Fall Term, 1884, of Davie Superior Court.
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Issues — •Statute of Limitation — Trusts—■Champerty—Par De-lictum. Civil ActioN tried before MacBae, Judge, and a jury, at Fall Term, 1884, of Davie Superior Court. The action was brought by Wright and wife and Richardson and wife, against Cain, to compel him to reconvey to the feme plaintiffs a certain tract of land, which it was alleged that plaintiffs had conveyed to the defendant, with a parol' trust that he would reconvey the same to them, and for damages for possession of the land. The co.mplaiut, in substance, alleged that the feme plaintiffs were the only heirs-at-law of one W. C.…
1Opinion of the CourtMekrimoN, J.
The exception of the appellant cannot be sustained.
The pleadings did not in any aspect of them raise any issue of fact in respect to the value of improvements placed on the land by the defendant; nor was there any issue of fact so raised, as to whether or not the parol contract alleged in the complaint was affected with champerty. The defendant, in his answer, simply insisted that the contract as stated in the complaint was so affected, and void.
Only issues of facts raised by the pleadings must be submitted to the jury, and therefore the Court properly refused to submit those tendered by the…
2Cases cited2 opinions
- Miller v. . MillerSupreme Court of North Carolina · 1883
- McElwee v. W. T. Blackwell & Co.Supreme Court of North Carolina · 1880
3Cited by20 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Norton v. . McDevitSupreme Court of North Carolina · 1898
- Sparks v. . SparksSupreme Court of North Carolina · 1886
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