Boone v. . Lee
Supreme Court of North Carolina
Civil actioN, tried before I-Iarding, J., and a jury at November Term, 1917, of GrUILFORD. The jury returned the following verdict: 1. Did the plaintiff purchase land from A. J. Whittemore upon an agreement to hold same for the defendant upon the same terms and conditions as it was held by A. J. Whittemore? Answer: “Yes.” 2. Has the defendant failed to comply with his contract with A. J. Whittemore in that he failed to pay $5 per month on the purchase price,, as per the…
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Civil actioN, tried before I-Iarding, J., and a jury at November Term, 1917, of GrUILFORD. The jury returned the following verdict: 1. Did the plaintiff purchase land from A. J. Whittemore upon an agreement to hold same for the defendant upon the same terms and conditions as it was held by A. J. Whittemore? Answer: “Yes.” 2. Has the defendant failed to comply with his contract with A. J. Whittemore in that he failed to pay $5 per month on the purchase price,, as per the terms of said contract, prior to the making of the deed from Whittemore to Boone? Answer: “Yes.” 3. What amount, if any, did…
1Opinion of the Court
Walker, J.,
after- stating the case: It appears in the case that the presiding judge charged the jury, upon the first issue as to the parol trust, that the burden of establishing the trust was on the defendants, who had alleged its existence, but that it was only necessary that they should do so by the greater weight of the testimony. This was error, as the rule is, in such case, that the jury must be satisfied of the trust by evidence clear, strong, and convincing. Lehew v. Hewett, 138 N. C., 6; Glenn v. Glenn, 169 N. C., 729.
It is not like a case in which a party seeks to set aside a deed or…
2Cases cited18 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Sykes v. Boone.Supreme Court of North Carolina · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- All v. PrillamanSupreme Court of South Carolina · 1942
- Carlisle v. . CarlisleSupreme Court of North Carolina · 1945
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Cunningham v. . LongSupreme Court of North Carolina · 1923
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
9 more not listed; retrieve them via the Exa API.