Jones v. . Jones
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at April Term, 1913, of BuNCOMBE. Civil action to establish a parol trust in a tract of land.
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Appeal by defendant from Adams, J., at April Term, 1913, of BuNCOMBE. Civil action to establish a parol trust in a tract of land. There was allegation with evidence on part of plaintiff tending to show that in March, 1897, G. T. Jones, now deceased, by deed of bargain and sale, reciting a valuable consideration paid, in the sum of $200, conveyed to his daughter, Julia, a valuable tract of land, the tract in controversy, and at the time of conveyance made, no consideration was paid, and the daughter took and held the land with the understanding and agreement existent at the time, that she…
1Opinion of the Court
Hoke, J.,
after stating tbe case: It was earnestly insisted for defendant, as we understood tbe position, that a trust of tbis character could no't be engrafted on a deed of bargain and sale, because tbe deed itself contained 'a declaration of tbe use in favor of tbe grantee, and, being in writing, tbe same could not be contradicted by parol evidence.
2. Tbat tbe recital of a valuable consideration of $200, contained in tbe written deed, would prevent tbe establishment of such a trust by parol; but a long series of authoritative decisions, in tbis State, are against defendant on both of these…
2Cases cited12 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- Shelton v. . SheltonSupreme Court of North Carolina · 1859
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3Cited by17 opinions
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