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CLINE v. CLINE

No. 7623DC1038.

238 S.E.2d 673 (1977)

34 N.C. App. 495

Laura Y. CLINE v. Calvin C. CLINE.

Court of Appeals of North Carolina.

November 16, 1977.

Attorney(s) appearing for the Case

Finger & Park, by Raymond A. Parker, II, and M. Neil Finger, Elkin, for plaintiff-appellee.

Franklin Smith, Elkin, and Henry B. Shore, Yadkenville, for defendant-appellant.

VAUGHN, Judge.

Broadly stated, a resulting trust arises where property is acquired and held in the name of one person which, in equity, belongs to another. "[T]he creation of a resulting trust involves the application of the doctrine that valuable consideration rather than legal title determines the equitable title resulting from a transaction; . . . a resulting trust involves a presumption or supposition of law of an intention...

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