Hoffman v. Mozeley, 305
Decision Date | 06 November 1957 |
Docket Number | No. 305,305 |
Parties | Herbert B. HOFFMAN and wife, Remona H. Hoffman, v. James P. MOZELEY and wife, Julia P. Mozeley. |
Court | North Carolina Supreme Court |
Albert W. Cowper, Kinston, for defendants, appellants.
LaRoque & Allen, by G. Paul La Roque, Kinston, for plaintiffs, appellees.
The plaintiffs alleged and offered evidence to sustain the allegation that the plaintiffs furnished the defendant James P. Mozeley the full purchase price for the four lots involved, and that Mozeley had title thereto made to himself and his wife. After building a dwelling on the lots for the plaintiffs, for which they paid in full, the defendants conveyed only part of the lots. This action is to compel conveyance of the remaining portion upon the ground that a resulting trust in the property existed in favor of the plaintiffs by reason of their having furnished the purchase money. Deans v. Deans, 241 N.C. 1, 6, 84 S.E.2d 321, 325; Bowen v. Darden, 241 N.C. 11, 84 S.E.2d 289; Davis v. Davis, 228 N.C. 48, 44 S.E.2d 478; Teachey v. Gurley, 214 N.C. 288, 199 S.E. 83; Ricks v. Wilson, 154 N.C. 282, 70 S.E. 476; Summers v. Moore, 113 N.C. 394, 18 S.E. 712; Waddell v. Carson, 245 N.C. 669, 97 S.E.2d 222; Paul v. Neece, 244 N.C. 565, 94 S.E.2d 596; Grant v. Toatley, 244 N.C. 463, 94 S.E.2d 305.
The jury found the plaintiffs did not accept the deed in settlement of all claims and differences between the parties. That finding, which is supported by competent evidence, left the defendants under obligation to convey to the plaintiffs all lands bought with their money. 'To constitute an abandonment or renunciation of claim, there must be acts and conduct, positive, unequivocal and inconsistent with [their] claim of title.' * * * '* * * estoppel stands practically upon the same footing * * *.' Wilmington Furniture Co. v. Cole, 207 N.C. 840, 847, 178 S.E. 579, 583.
Unsupported in law also is defendants' contention the contract to convey was void and unenforceable under the statute of frauds. It is well settled that 'If one agrees, by parol, to buy land for another, and he does buy the land,...
To continue reading
Request your trial-
In re Southeastern Eye Center-Pending Matters
...No. 827.) The equitable trust referenced in this case is not a constructive trust but a purchase- money resulting trust. Hoffman, 247 N.C. at 123, 100 S.E.2d at 245 ("This action is to compel conveyance of the portion upon the ground that a resulting trust in the property existed in favor o......
-
Greer v. United States
...Bullman v. Edney, 232 N.C. 465, 61 S.E.2d 338 (1950). See also, Vinson v. Smith, 259 N.C. 95, 130 S.E.2d 45 (1963); Hoffman v. Mozeley, 247 N.C. 121, 100 S.E.2d 243 (1957); Waddell v. Carson, 245 N.C. 669, 97 S.E.2d 222 (1957). Indeed, the North Carolina laws seems to be that the furnishing......
-
Vinson v. Smith, 257
...at or before the time of purchase. Hodges v. Hodges, 256 N.C. 536, 124 S.E.2d 524; s. c., 257 N.C. 774, 127 S.E.2d 567; Hoffman v. Mozeley, 247 N.C. 121, 100 S.E.2d 243; Rhodes v. Raxter, supra; Wilson v. Williams, 215 N.C. 407, 2 S.E.2d 19; Summers v. Moore, 113 N.C. 394, 18 S.E. 712; Youn......
-
Elliott v. Goss, 464
...facts which might be the basis of a good cause of action against defendants if such cause is sufficiently pleaded. Hoffman v. Mozeley, 247 N.C. 121, 123, 100 S.E.2d 243, and cases there cited; and Davis v. Davis, 228 N.C. 48, 53, 44 S.E.2d 478, and cases there cited. Plaintiffs, if so advis......