Colonial Trust Co. v. Sterchie Bros.
Supreme Court of North Carolina
Appeal by plaintiffs from Harding, J., at chambers, 28 December, 1914; from MeckleNburg-. This is an appeal from a refusal by the judge to continue a restraining order to the bearing.
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Appeal by plaintiffs from Harding, J., at chambers, 28 December, 1914; from MeckleNburg-. This is an appeal from a refusal by the judge to continue a restraining order to the bearing. The plaintiffs allege in tbeir complaint that on 1 May, 1918, the Colonial Trust Company conveyed t,o the defendant W. V. Hall, by deed in fee simple, with warranty, and reciting “$100 and other valuable consideration,” certain lots in Charlotte, which deed was duly recorded in the office of the register of deeds of Mecklenburg on that date. A few days later (3 May) Hall conveyed the property by deed of trust to…
1Opinion of the CourtClark, C. J.
In Gaylord v. Gaylord, 150 N. C., 222, it was held that “where there is a deed, conveying the absolute title to land, giving clear indication on the face of the instrument that such title was intended to pass, a contemporaneous parol trust cannot be set up or engrafted in favor of the grantor. The vendor cannot in such case by a contemporaneous parol agreement contradict his written conveyance. A trust in favor of the grantor to secure the purchase money, or for other purposes, must be in writing.” Gaylord v. Gaylord has been cited with approval in Newkirk v. Stevens, 152 N. C., 502; Dunlap…
2Cases cited11 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Ricks v. WilsonSupreme Court of North Carolina · 1911
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
- Womble v. . BattleSupreme Court of North Carolina · 1844
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3Cited by7 opinions
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- McCullen v. DurhamSupreme Court of North Carolina · 1948
- McCullen v. . DurhamSupreme Court of North Carolina · 1948
- Castelloe v. . JenkinsSupreme Court of North Carolina · 1923
- Allen v. . StainbackSupreme Court of North Carolina · 1923
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