Martin v. . Martin

145 S.E. 924, 196 N.C. 258, 1928 N.C. LEXIS 339

• Court: Supreme Court of North Carolina
• Decided: November 14, 1928
• Status: Published

Opinion

Per Curiam.

The gist of the action, as alleged by the plaintiff, was to establish an interest in a certain tract of land, the title to which had been taken in the name of the defendant.

Plaintiff testified as follows: “I got biin (defendant) to take it in bis name so wben we traded there would be no trouble’ about making the title good. We field halvers in tfie farm down there. That was the agreement.”

It is clear that plaintiff’s right to recover depended upon his ability to establish a resulting trust in the land. The trial judge instructed the jury correctly upon the questions of law involved in the case. The issues of fact were found in favor of the defendant and the record discloses no error warranting a new trial.

No error.