Avery v. Stewart
Supreme Court of North Carolina
ActioN by A. W. Avery against J. W. Stewart, beard by Judge O. H. Allen and a jury, at May Term, 1904, of tbe Superior Court of Cüaven County. This action was brought to establish and enforce a parol trust.
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ActioN by A. W. Avery against J. W. Stewart, beard by Judge O. H. Allen and a jury, at May Term, 1904, of tbe Superior Court of Cüaven County. This action was brought to establish and enforce a parol trust. The plaintiff alleges in his complaint that John Humphrey and his wife, being the owners of a tract of land in Craven County containing about ninety-seven acres, contracted to sell the same to him at the sum of five hundred dollars and that he, not then being able to pay the stipulated price, informed the defendant Stewart of his contract with the Humphreys and requested the defendant to…
1Opinion of the Court
WalKee, J.,
after stating the facts. This ease was before us at the last term and is reported in 134 N. C., 287. We then ordered a new trial upon the ground of the admission of incompetent testimony, but at the same time it was distinctly intimated that there was evidence to sustain a finding for the plaintiff upon the issues in the case. Upon proof substantially the same as that at the former hearing the plaintiff was nonsuited at the last trial. Whether this action of the Court proceeded upon the assumption that there was no evidence of the trust, or that the evidence was not clear, strong…
2Cases cited33 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Ryan v. . DoxNew York Court of Appeals · 1866
- Carr v. . CarrNew York Court of Appeals · 1873
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Sykes v. Boone.Supreme Court of North Carolina · 1903
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3Cited by109 opinions
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