Gillis v. . Martin
Supreme Court of North Carolina
The bill was filed by the widow and heirs- at law of Malcolm Gillis, for the redemption of. a town lot in Lau-renceyille,and apeice of land conveyed by him to the defendant, by an absolute deed, dated the 21-st of November, 1822, which the plaintifis alleged was intended only as a security for a debt of g>169, which they said had been discharged by the profits that had come, or ought to have come to the defendant’s hands.
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The bill was filed by the widow and heirs- at law of Malcolm Gillis, for the redemption of. a town lot in Lau-renceyille,and apeice of land conveyed by him to the defendant, by an absolute deed, dated the 21-st of November, 1822, which the plaintifis alleged was intended only as a security for a debt of g>169, which they said had been discharged by the profits that had come, or ought to have come to the defendant’s hands. The character given to the conveyance was founded on a written agreement of the defendant, of the same date,in which he stated that he had purchased the premises at the…
1Opinion of the Court
RueimN, Chief-Justice.
After stating the pleadings and report,as above set forth, proceeded as follows :
For the defendant, it is insisted, that both decrees are erroneous, for that the purchase was absolute, but if not, that the defendartthad a right to make the improvements, or at all events, is not to be charged with rents, as for those improvements.
The case is not free from doubt upon the first point. The character .of the conveyance is to be determined by the intention of the parties* and if that, however as* certained, was that it should operate as a security, the court so regards it, and…
2Cited by9 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- O'Briant v. . LeeSupreme Court of North Carolina · 1939
- State v. . ChampionSupreme Court of North Carolina · 1942
- Alston v. . ConnellSupreme Court of North Carolina · 1907
- Williams v. . JoinesSupreme Court of North Carolina · 1947
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