Legal Opinion

Starnes v. . Hill

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 68 opinions

Civil action. for .specific performance, tried at September Term, 1892, of Buncombe Superior Court, upon a case agreed, before. Bynum, J. ■ The caso agreed is as follows: It is agreed that the facts set forth in the complaint in this cause are true; and it is agreed that the facts setup as matters of defense in the answer are true, as also are the matters alleged in the reply. And all the pleadings are referred to and made a part of this case.

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Civil action. for .specific performance, tried at September Term, 1892, of Buncombe Superior Court, upon a case agreed, before. Bynum, J. ■ The caso agreed is as follows: It is agreed that the facts set forth in the complaint in this cause are true; and it is agreed that the facts setup as matters of defense in the answer are true, as also are the matters alleged in the reply. And all the pleadings are referred to and made a part of this case. It is further agreed that 0. A. Moore, Robert- 0. Patterson and his wife are all living at this time, and that said Patterson and wife have several…

1Opinion of the Court

SiíHRHRRD, C. J.:

It is well settled that “ in limitations of a trust, either of a real or personal estate1,, * * * the construction of limitations ought to be made according to the construction of limitations of a legal estate unless the intent of the testator or author of the trust plainly appears , to the contrary.” Fearne Cont. Rem., 125,

As there is nothing in the deed from W. A. Holland tpid wife to O. A. Moore, trustee, from which we are at libery to infer an intention that the terms therein employed were to be understood in any other than their technical sense, it must follow, in…

2Cases cited13 opinions

  1. Shaw v. Railroad Co.Supreme Court of the United States · 1880
  2. Moore v. LittelNew York Court of Appeals · 1869
  3. Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
  4. Croxall v. ShererdSupreme Court of the United States · 1867
  5. Brown v. BarrySupreme Court of the United States · 1797

8 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
  2. Bowen v. Hackney.Supreme Court of North Carolina · 1904
  3. Whitesides v. . CooperSupreme Court of North Carolina · 1894
  4. Campbell v. Everhart.Supreme Court of North Carolina · 1905
  5. Puckett v. . MorganSupreme Court of North Carolina · 1912

63 more not listed; retrieve them via the Exa API.

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