Ross v. . Hendrix
Supreme Court of North Carolina
This was a special proceeding, begun before the Clerk and transferred to the Superior Court at Term for trial upon the issues raised in the pleadings, and tried before Graves, J., at December Term, 1889, of Guileord Superior Court. Both parties claimed the land under the same person— George K. Hendrix, deceased — who was the husband of one of the plaintiffs and the father of the other.
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This was a special proceeding, begun before the Clerk and transferred to the Superior Court at Term for trial upon the issues raised in the pleadings, and tried before Graves, J., at December Term, 1889, of Guileord Superior Court. Both parties claimed the land under the same person— George K. Hendrix, deceased — who was the husband of one of the plaintiffs and the father of the other. The plaintiffs relied on three deeds, executed in 1887 and 1888; and the defendants set up an equity with notice, and introduced testimony tending to show that the widow of said Hendrix, defendant, had lived on…
1Opinion of the Court
Shepherd, J.:
We are of opinion that there was sufficient testimony to be submitted to the jury for the purpose of establishing at least a resulting trust in the defendant Nancy Hendrix. It appears that she sold her land after her marriage, which occurred some sixteen years before the trial of this action. The sale then having been made since 1868, the proceeds arising therefrom was her separate property, and these proceeds having been invested in the land in controversy by her husband, it must follow, in the absence of any agreement to the contrary, that a trust resulted to her. Kirkpatrick…
2Cases cited5 opinions
- Page v. . BranchSupreme Court of North Carolina · 1887
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Bryan v. . HodgesSupreme Court of North Carolina · 1890
- Kirkpatrick v. HolmesSupreme Court of North Carolina · 1891
- Staton v. DavenportSupreme Court of North Carolina · 1886
3Cited by9 opinions
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- Ray v. Long.Supreme Court of North Carolina · 1903
- Tyndall v. . TyndallSupreme Court of North Carolina · 1923
- Ray v. Long.Supreme Court of North Carolina · 1901
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