Legal Opinion

Gill v. . Young

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 10 opinions

Civil ActioN tried at Fall Term, 1882, of Granville Superior Court, before Graves, J. This suit was begun on October 1, 1877, by plaintiffs, creditors of William H. Hughes, against the defendants, D. E. and I. J. Young, for an account of certain real estate conveyed to them by the debtor in a deed absolute in form, but alleged to be upon a parol trust to provide for the payment of certain notes due the plaintiff, Hights, and the intestate of the co-plaintiff, Gill, and also…

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Civil ActioN tried at Fall Term, 1882, of Granville Superior Court, before Graves, J. This suit was begun on October 1, 1877, by plaintiffs, creditors of William H. Hughes, against the defendants, D. E. and I. J. Young, for an account of certain real estate conveyed to them by the debtor in a deed absolute in form, but alleged to be upon a parol trust to provide for the payment of certain notes due the plaintiff, Hights, and the intestate of the co-plaintiff, Gill, and also to the Bank of Cape Fear, in which the defendant, D. E. Young, was one of several sureties, and for his personal…

1Opinion of the Court

Smith, C. J.,

after stating the facts. The finding of the jury, to which wo have adverted, that there was no unwritten trust or agreement attaching to and following the transferred estate in the lot, with the accompanying and sustaining covenant obligation entered into by the grantees, would seem to have effectively disposed of the subject matter of litigation and conclusively to establish the fact that they are only liable to that undertaking to pay off and discharge the debt, as if they were principals therein, as between themselves and Hughes. But, as the cause has progressed beyond that…

2Cases cited2 opinions

  1. Henderson v. . GrahamSupreme Court of North Carolina · 1881
  2. Cogdell, Assignee v. . ExumSupreme Court of North Carolina · 1873

3Cited by10 opinions

  1. Ely v. . EarlySupreme Court of North Carolina · 1886
  2. Jaicks v. SullivanSupreme Court of Missouri · 1895
  3. Montgomery v. ShaverOregon Supreme Court · 1901
  4. Gillam v. Life Insurance Co.Supreme Court of North Carolina · 1897
  5. Reynolds v. Railroad Co.Supreme Court of North Carolina · 1904

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