Gaylord v. Gaylord
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at December Term, 1907, of Beaufoet. Tbe plaintiffs, devisees, children and beirs of Ebenezer Gay-lord, deceased," seek to recover possession of land which formerly belonged to their father, Ebenezer, from their uncle, Sam Gay-lord, who is now in possession, claiming to own the land under an alleged deed to himself from his brother Ebenezer, bearing-date 13 November, 1884. The evidence tended to show that some time in the year 1884…
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ActioN tried before Guión, J., and a jury, at December Term, 1907, of Beaufoet. Tbe plaintiffs, devisees, children and beirs of Ebenezer Gay-lord, deceased," seek to recover possession of land which formerly belonged to their father, Ebenezer, from their uncle, Sam Gay-lord, who is now in possession, claiming to own the land under an alleged deed to himself from his brother Ebenezer, bearing-date 13 November, 1884. The evidence tended to show that some time in the year 1884 Ebenezer Gaylord, having some trouble with his first wife, Deborah, and his father-in-law, in order to place his…
1Concurrence
CoNNOR, I.,
concurring: I concur in the decision of this case and the reasons upon which it is based. I think no other question is presented for decision, and that what is said in regard to the validity of the alleged parol trust is obiter. The question was not passed upon by the judge nor argued' in this Court. "Whether such a trust,' upon the evidence taken as true, can be declared by parol and enforced by the court is not free from doubt. I therefore think that we should not decide it and fore*236close tbe parties, unless fairly presented and an opportunity afforded them for argument. In…
2Cases cited14 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Shelton v. . SheltonSupreme Court of North Carolina · 1859
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