Hughes v. . Pritchard

Citations

• 29 S.E. 93
• 122 N.C. 59
• 1898 N.C. LEXIS 191

Syllabus

<p>Action to Establish Parol Trust — Dead, Absolute■ — - Parol Trust — Evidence—Declarations of Grantor after Execution of Deed.</p> <p>1. In the trial of an action to establish a parol trust as to land conveyed to the grantee by a deed in fee, absolute in form, and with an expressed money consideration, it was competent for the plaintiff to show by parol evidence as to the circumstances surrounding the execution of the deed and what was said by the grantor and grantee at the time, that the defendant took the title subject to the parol trust declared by the grantor.</p> <p>2. In the trial of an action to establish a parol trust in land, it was not error to exclude testimony as to the declarations of the grantor, concerning defendant’s title, made after the date of the deed.</p>