Legal Opinion

King v. Bynum.

Supreme Court of North Carolina

Decided March 8, 1905PublishedCited by 23 opinions

ActioN by T. B. King and others against A. S. J. Bynum ,and others, heard by Judge W. B. Council and a jury at the November Term, 1904, of the Superior Court of Pitt County: This was an action brought for the purpose of having the defendants declared trustees for the use and benefit of the plaintiffs, as their interest might appear, in the land described in the complaint and for an accounting for the rents and profits received from said land.

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ActioN by T. B. King and others against A. S. J. Bynum ,and others, heard by Judge W. B. Council and a jury at the November Term, 1904, of the Superior Court of Pitt County: This was an action brought for the purpose of having the defendants declared trustees for the use and benefit of the plaintiffs, as their interest might appear, in the land described in the complaint and for an accounting for the rents and profits received from said land. The Court submitted the following issues tendered by the plaintiffs, to which the defendants excepted: 1. Did the defendants purchase the land described…

1Opinion of the CourtBrown, J.

Although the record in this case is voluminous and the exceptions many, a brief statement only is necessary to a proper understanding of the exceptions of the defendants sustained by this Court, in consequence of which a new trial is made necessary.

R. A. Bynum, deceased, by his will devised the land described in the pleadings to the plaintiffs and defendants as tenants in common owning equal interests therein. The executor of R. A. Bynum, to-wit, J. N. Bynum, instituted a special proceeding to sell tbis and other tracts of land belonging to the testator’s estate to pay debts. At the sale made…

2Cases cited2 opinions

  1. Snodgrass v. CaldwellSupreme Court of Alabama · 1890
  2. Neely v. . TorianSupreme Court of North Carolina · 1836

3Cited by23 opinions

  1. State v. MillerSupreme Court of North Carolina · 1973
  2. Potts v. HowserSupreme Court of North Carolina · 1968
  3. State v. . LassiterSupreme Court of North Carolina · 1926
  4. Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
  5. State v. BryantSupreme Court of North Carolina · 1973

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