Supreme Court of North Carolina, 1949

Gunter v. Gunter

Gunter v. Gunter
Supreme Court of North Carolina · Decided September 28, 1949 · PER CURIAM.
55 S.E.2d 81; 230 N.C. 662; 1949 N.C. LEXIS 402 (South Eastern Reporter, Second Series)

Gunter v. Gunter

Opinion of the Court

Peb CuRiam.

A mortgage on the locus, executed by plaintiff, was foreclosed. Defendant became the purchaser at the sale. Plaintiff now .seeks to have defendant declared trustee for his use and benefit by reason of a parol agreement entered into by them just prior to the sale. A careful examination of the testimony discloses that the contract of the parties, if made, constitutes nothing more than an oral option to repurchase. It is insufficient to charge defendant as trustee or to impress a trust upon his title. Hence the judgment entered must be

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.