Legal Opinion

Murphy v. . Taylor

Supreme Court of North Carolina

Decided November 9, 1938PublishedCited by 4 opinions

1Opinion of the Court

' DeviN, J.

The only allegation in the complaint by which the plaintiffs attempt to state a cause of action for the relief sought is that the relation between the plaintiffs and defendants, equivalent to that of mortgagor and mortgagee, constituted the conveyance of the land pre-sumtively fraudulent and cast upon the defendants the burden of showing that the transaction was in all respects fair.

However, the relationship between the parties here is not that of mortgagor and mortgagee, or of trustor and trustee. The transaction was between the plaintiffs, trustors, and the owners of the…

2Cases cited9 opinions

  1. McLeod v. . BullardSupreme Court of North Carolina · 1881
  2. Hare v. . WeilSupreme Court of North Carolina · 1938
  3. Hinton v. . WestSupreme Court of North Carolina · 1935
  4. Simpson v. . FrySupreme Court of North Carolina · 1927
  5. Elkes v. Interstate Trustee Corp.Supreme Court of North Carolina · 1936

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

3Cited by4 opinions

  1. Ferguson v. . BlanchardSupreme Court of North Carolina · 1941
  2. Stell v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1943
  3. Lofton v. . BarberSupreme Court of North Carolina · 1946
  4. Curry v. AndrewsSupreme Court of North Carolina · 1949

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