Jones v. Brinson

55 S.E.2d 808, 231 N.C. 63, 1949 N.C. LEXIS 467

• Court: Supreme Court of North Carolina
• Decided: November 2, 1949
• Status: Published

Opinion

Denny, J.

The question presented for our determination is simply this: Are the allegations of the complaint sufficient to take this case out of the well settled rule that a parol trust, in the absence of fraud, mistake or undue influence, cannot be established between parties in favor of a grantor in a deed, when the parol agreement is in direct conflict with the express provisions of the written deed? The answer must be in the negative.

The plaintiffs by their stipulation have eliminated all questions of fraud, mistake or undue influence. Therefore, they bottom their right, to the relief they seek, exclusively on the alleged oral agreement to convey the land in controversy to them, upon their payment to the defendant, M. DeWitt Brinson, of the money advanced by him for the purchase of the property.

The law is well settled and firmly established in this jurisdiction, that in the absence of fraud, mistake or undue influence, a trust cannot he established between the parties in favor of a grantor in a deed, by parol evidence, when such evidence is in direct conflict with the express provisions of the written deed. Gaylord v. Gaylord, 150 N.C. 222, 63 S.E. 1028; Campbell v. Sigmon, 170 N.C. 348, 87 S.E. 116; Walters v. Walters, 172 N.C. 328, 90 S.E. 304; Swain v. Goodman, 183 N.C. 531, 112 S.E. 36; Blue v. Wilmington, 186 N.C. 321, 119 S.E. 741; Davis v. Davis, 223 N.C. 36, 25 S.E. 2d 181; Carlisle v. Carlisle, 225 N.C. 462, 35 S.E. 2d 418; Loftin v. Kornegay, 225 N.C. 490, 35 S.E. 2d 607; Poston v. Bowen, 228 N.C. 202, 44 S.E. 2d 881; Bass v. Bass, 229 N.C. 171, 48 S.E. 2d 48.

The judgment of the court below is

Affirmed.