Riggs v. . Swann
Supreme Court of North Carolina
Cause removed from the Court of Equity of Craven county. John E. Higgs, being indebted to Seth Muse in the sum of $702.50, in 1846, made a deed to the said Muse, for two negn> slaves, Abram and Joe, as security for that sum, and at the same time took from the latter a deed of defeasance, declaring the terms on which the said slaves were conveyed to Muse, the substance of which was, that whenever the said sum of $702.50, with interest, was paid, Muse should recon-vey the said…
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Cause removed from the Court of Equity of Craven county. John E. Higgs, being indebted to Seth Muse in the sum of $702.50, in 1846, made a deed to the said Muse, for two negn> slaves, Abram and Joe, as security for that sum, and at the same time took from the latter a deed of defeasance, declaring the terms on which the said slaves were conveyed to Muse, the substance of which was, that whenever the said sum of $702.50, with interest, was paid, Muse should recon-vey the said slaves to Higgs. According to the spirit and meaning of this trust, the said Higgs remained in possession of the…
1Opinion of the CourtPearson, C. J.
The bill is not filed for the purpose of ob taining specific performance of an agreement to convey the slave, mentioned in the pleadings, but for the purpose of setting up and having*enforced, a trust declared in favor of the plaintiffs, by their father, at the time the title was passed to the intestate of the defendant, Swann.
The objection,-that the declaration of trust was not in writing, and was, therefore, void, is not tenable. There is, in this State, no statute which requires the declaration of a trust, made at the time the legal title passes to one, who agrees to hold in trust, shall…
2Cited by18 opinions
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
- Brogden v. GibsonSupreme Court of North Carolina · 1914
- Atkinson v. AtkinsonSupreme Court of North Carolina · 1945
- Anderson v. . HarringtonSupreme Court of North Carolina · 1913
- Peele v. . LeroySupreme Court of North Carolina · 1942
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