Cunningham v. . Cunningham
Supreme Court of North Carolina
Civil action to have defendants declared trustees for plaintiff and-to have a conveyance to her of a tract of land, tried before Norwood, J., at Fall Term, 1897, of TraNSyl-VANiA Superior Court. In the complaint the plaintiff alleged that the land was bought with her own money and that, in making the deed, it was by mistake or fraud executed to her husband instead of herself. The material allegations were denied in the defendant’s answer.
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Civil action to have defendants declared trustees for plaintiff and-to have a conveyance to her of a tract of land, tried before Norwood, J., at Fall Term, 1897, of TraNSyl-VANiA Superior Court. In the complaint the plaintiff alleged that the land was bought with her own money and that, in making the deed, it was by mistake or fraud executed to her husband instead of herself. The material allegations were denied in the defendant’s answer. The issues and responses were as follows: 1. “Did plaintiff purchase and pay for with her own money the land described in the complaint?” Answer “Yes.” 2.…
1Opinion of the Court
Fuhches, J.:
The plaintiff, who was a widow with one daughter 14 or 15 years old, married Charles Cunningham sometime before 1888, and, after the marriage, purchased a vacant lot in the town of Brevard from Duckworth.
This purchase was probably by parol, as no bond or written contract seems to be mentioned.
After the marriage of Charles and the plaintiff, she and her daughter worked at a hotel in Asheville, for which the plaintiff received the price of their wages. With the money thus acquired, and by other monies and by property acquired by the plaintiff, she paid Duckworth for the lot, upon…
2Cases cited3 opinions
- Syme v. . RiddleSupreme Court of North Carolina · 1883
- Hairston v. . GlennSupreme Court of North Carolina · 1897
- State v. . BlankenshipSupreme Court of North Carolina · 1895
3Cited by7 opinions
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Booth v. LenoxSupreme Court of Florida · 1903
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
- State v. . RobinsonSupreme Court of North Carolina · 1907
- Stout v. . PerrySupreme Court of North Carolina · 1910
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