Legal Opinion

Summers v. . Moore

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 21 opinions

This was a civil action, brought by the plaintiff, to have the defendants declared trustees, for the benefit of plaintiff, of a tract of land in McDowell County, N. C., known as the Duncan lands, brought to the Superior Court of McDowell County and removed for trial to Rutherford County, and tried at Spring Term, 1893, of Ruthekfoud Superior Court, before Armfield, J., and a jury.

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This was a civil action, brought by the plaintiff, to have the defendants declared trustees, for the benefit of plaintiff, of a tract of land in McDowell County, N. C., known as the Duncan lands, brought to the Superior Court of McDowell County and removed for trial to Rutherford County, and tried at Spring Term, 1893, of Ruthekfoud Superior Court, before Armfield, J., and a jury. The plaintiff alleges that the lands in controversy were sold by a special proceeding on the part of the heirs of J. H. Duncan, deceased, and were purchased at a sale under judgment rendered in said proceeding,…

1Opinion of the Court

Shepherd, C. J.:

It is a well established principle that where, upon a purchase of property, the conveyance of the legal title is taken in the name of one person while the consideration is given or paid by another, at the same time or previously, and as part of the same transaction, the parties being strangers to each other, a resulting trust' immediate!}' arises from the transaction, and the person named in the conveyance will be a trustee for the party from 'whom the consideration proceeds.

“The rule has its foundation in the natural presumption, in the absence of all rebutting circumstances,…

2Cases cited3 opinions

  1. Harding v. . LongSupreme Court of North Carolina · 1889
  2. Edwards v. . CulbersonSupreme Court of North Carolina · 1892
  3. Warlick v. . WhiteSupreme Court of North Carolina · 1882

3Cited by21 opinions

  1. Bowen v. DardenSupreme Court of North Carolina · 1954
  2. Waddell v. CarsonSupreme Court of North Carolina · 1957
  3. Gorrell v. AlspaughSupreme Court of North Carolina · 1897
  4. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  5. Creech v. CreechSupreme Court of North Carolina · 1943

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