Browne v. . Lamb
Supreme Court of North Carolina
Civil action, tried at Fáll Term, 1891, of. Pasquotank Superior Court, Broiun, J., presiding. It. appears from the pleadings that, on the 18th of January, 1887, the plaintiffs, through the agency of the defendant, sold and conveyed to W. 0. Temple certain lands in Pasquo-tank County; part of the purchase-money was paid in cash, and for the balance notes were gi ven -by said Temple to plaintiffs, as set out in the complaint, for the sum of $7,000, and, to secure payment of…
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Civil action, tried at Fáll Term, 1891, of. Pasquotank Superior Court, Broiun, J., presiding. It. appears from the pleadings that, on the 18th of January, 1887, the plaintiffs, through the agency of the defendant, sold and conveyed to W. 0. Temple certain lands in Pasquo-tank County; part of the purchase-money was paid in cash, and for the balance notes were gi ven -by said Temple to plaintiffs, as set out in the complaint, for the sum of $7,000, and, to secure payment of the same, said Temple and his wife executed to the defendant a deed of trust of even date with the deed from the plaintiff…
1Opinion of the CourtMacRae, J.
after stating the case: The case stands upon the refusal of his Honor to give the instructions upon the first issue as asked, and his instructions upon the first and second issues as set forth above. And the only question presented us is as to the duty of defendant as trustee under the deed of trust.
The general principles governing all trustees in the administration of the trusts confided to them are too well settled to require the citation of authorities. They are to use diligence and faith; they are not permitted to wrest their opportunities to their own advantage, nor to suffer wrong to be…
2Cited by1 opinion
- Jennings v. . KeelSupreme Court of North Carolina · 1929