Legal Opinion

Jackson v. . Baird

Supreme Court of North Carolina

Decided May 25, 1908PublishedCited by 11 opinions

Action tried before Guión, Jand a jury, at September Term, 1907, of Buncombe. This is an action brought by the plaintiffs to establish their claim to be tenants in common with the defendant John Baird in the land described in the complaint, and to convert the defendant Laura Baird, who holds the legal title, into a trustee for the benefit of the plaintiffs and John Baird. At the conclusion of the plaintiffs’ evidence the defendants moved to nonsuit, which motion was allowed.

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Action tried before Guión, Jand a jury, at September Term, 1907, of Buncombe. This is an action brought by the plaintiffs to establish their claim to be tenants in common with the defendant John Baird in the land described in the complaint, and to convert the defendant Laura Baird, who holds the legal title, into a trustee for the benefit of the plaintiffs and John Baird. At the conclusion of the plaintiffs’ evidence the defendants moved to nonsuit, which motion was allowed. The plaintiffs appealed.

1Opinion of the Court

BbówN, J.

It is admitted that Robert Baird was the owner of the land in controversy, and that he executed a deed in trust to secure $150 to S. H. Reid, trustee. After Robert Baird’s death the land was sold by the trustee, who conveyed it to Mrs. Julia D. Shuford for a consideration of $286, by deed dated 26 May, 1898. George Shuford and his wife, the aforesaid Julia, conveyed the land to defendant Laura Baird, wife óf defendant John Baird, by.deed dated 28 May, 1898. The trustee’s deed to Mrs. Shuford, although dated 26 May, recites that the sale took place on 28 May. It appears that Laura…

2Cases cited4 opinions

  1. Baird v. Baird's HeirsSupreme Court of North Carolina · 1837
  2. Sutton v. . JenkinsSupreme Court of North Carolina · 1908
  3. Saunders v. . GatlinSupreme Court of North Carolina · 1835
  4. Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1864

3Cited by11 opinions

  1. Ellet v. McCordCourt of Appeals of Texas · 1931
  2. Burt v. SteiglederSupreme Court of Oklahoma · 1928
  3. Witcher v. HanleySupreme Court of Missouri · 1923
  4. Huntington v. PerrinCalifornia Court of Appeal · 1923
  5. Ammann v. FosterSupreme Court of Oklahoma · 1937

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