STRANGE v. SINK

No. 7519SC343.

218 S.E.2d 196 (1975)

27 N.C. App. 113

Nellie M. Smith STRANGE v. Jean Barrier SINK.

Court of Appeals of North Carolina.

Discretionary Review Denied December 2, 1975.


Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills, P. A. by W. Erwin Spainhour, Concord, for plaintiff appellee.

Williams, Willeford, Boger & Grady by John Hugh Williams, Concord, for defendant appellant.


Discretionary Review Denied by Supreme Court December 2, 1975.

CLARK, Judge.

Defendant contends that this case falls within the Gaylord rule that "a parol trust in favor of a grantor may not be engrafted on a warranty deed in the absence of fraud, mistake or undue influence." This proscription in Gaylord v. Gaylord, 150 N.C. 222, 63 S.E. 1028 (1909) has been approved and applied in many subsequent cases.

On the other hand, plaintiff contends...

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