JOHNSON v. BROWN

No. 8318SC1294.

323 S.E.2d 389 (1984)

Lillie Lee JOHNSON, Deceased; Frank Johnson, Executor of the Estate of Deceased Plaintiff; Frank Johnson Individually; Calvin Johnson and wife, Frances R. Johnson; Maggie Johnson Garner; Mittie Johnson Kimball and husband, Edward Lee Kimball; Minnie Johnson Steele and husband, Alfred Steele; Lola Johnson McDowell and husband, Neal McDowell; Ted V. Johnson and wife, Frances Johnson; James D. Johnson and wife, Lela Johnson; J. Junior Ward and wife, Margie Ward; and Dorothy Johnson Baity v. Charles H. BROWN, Sr., Manus C. Duffy and Fernande Bennett, Trustees and Beneficial Mortgage Co. of North Carolina.

Court of Appeals of North Carolina.

December 18, 1984.


Attorney(s) appearing for the Case

Anne R. Littlejohn, Hunter, Hodgman, Greene, Goodman & Donaldson by Richard M. Greene, and Boone, Higgins, Chastain & Cone by Peter Chastain, Greensboro, for plaintiffs.

J.C. Barefoot, Jr., and Smith, Patterson, Follin, Curtis, James & Harkavy by Marion G. Follin, III, Greensboro, for defendants.


WELLS, Judge.

Defendant Brown assigns error to the trial court's grant of partial summary judgment. He argues that (1) the fee simple conveyance from Johnson to plaintiff Baity could not, as a matter of law, be subject to a parol trust, (2) plaintiff Baity, had released all rights in the property for valuable consideration, (3) the Statute of Frauds is inapplicable to the executed oral conveyance from plaintiff Baity to defendant Brown, (4) if the Statute of Frauds...

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