Legal Opinion

Mulholland v. . York

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 27 opinions

Civil ActioN tried at Fall Term, 1879, of Chatham Superior Court, before McKoy, J. The jury found the issues in favor of the plaintiff, judgment, appeal by defendant.

1Opinion of the CourtSmith, C. J.

The object of this action is to charge with a trust, in favor of the plaintiff, certain lands that had belonged to him, and were bought at a sheriff’s sale under execution, and again at a sale by his assignee in bankruptcy, by the defendant, under an arrangement that the plaintiff might redeem on repayment of the purchase money, the same being paid in full. The answer denies the alleged agreement; the existence and validity of any trust to be supported by parol proof, the repayment of the money, and sets up the statutes of limitations in bar. Issues were thereupon submitted to the jury who…

2Cases cited6 opinions

  1. Eyster v. GaffSupreme Court of the United States · 1876
  2. Pollock v. . WilcoxSupreme Court of North Carolina · 1873
  3. Wilson Miller v. . DerrSupreme Court of North Carolina · 1873
  4. Vestal v. . SloanSupreme Court of North Carolina · 1877
  5. Phillips v. . JohnstonSupreme Court of North Carolina · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. McLeod v. . BullardSupreme Court of North Carolina · 1881
  3. Sykes v. Boone.Supreme Court of North Carolina · 1903
  4. Avery v. . StewartSupreme Court of North Carolina · 1904
  5. State v. . DavenportSupreme Court of North Carolina · 1911

22 more not listed; retrieve them via the Exa API.

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