Legal Opinion

Waters v. . Crabtree

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 17 opinions

This was a civil action, tried at the Spring Term, 1889, of the Beaufort Superior Court, Boykin, J., presiding. The purpose of this action is to charge the defendants, as trustees, holding the legal title to the land in question for the plaintiff, to compel them to convey such legal title to the plaintiff, and account for rents and profits, and to obtain possession of the land.

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This was a civil action, tried at the Spring Term, 1889, of the Beaufort Superior Court, Boykin, J., presiding. The purpose of this action is to charge the defendants, as trustees, holding the legal title to the land in question for the plaintiff, to compel them to convey such legal title to the plaintiff, and account for rents and profits, and to obtain possession of the land. The plaintiff alleges, among other things, in the complaint— “1. That on the 9th day of September, 1859, he was seized in fee and possessed of the land hereinafter described; that at the said time he was justly…

1Opinion of the CourtMerrimoN, C. J.

after stating the facts: It is very true, as contended by the counsel of the appellant, that a deed conveying the title to land absolute upon its face may be and is treated in equity as a mortgage of the land to secure a particular debt, but this can be only when the parties to it certainly so intended and agreed by mere words, or some writing, to be evidence of such intention and purpose. Such purpose and agreement must appear by strong ¿nd satisfactory proof. Otherwise, the deed — a very solemn instrument — must be accepted, as expressing the settled intention of the parties to it. It is…

2Cases cited1 opinion

  1. Robinson v. Willoughby.Supreme Court of North Carolina · 1871

3Cited by17 opinions

  1. Sinclair v. GunzenhauserIndiana Supreme Court · 1912
  2. O'Briant v. . LeeSupreme Court of North Carolina · 1939
  3. Watkins v. . WilliamsSupreme Court of North Carolina · 1898
  4. McKinley v. HinnantSupreme Court of North Carolina · 1955
  5. Porter v. White.Supreme Court of North Carolina · 1901

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