(Download) "Mims v. Mims" by Court of Appeals of North Carolina No. 8210SC1126 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mims v. Mims
- Author : Court of Appeals of North Carolina No. 8210SC1126
- Release Date : January 03, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This appeal involves the attempt of plaintiff Allen Mims to establish sole ownership of certain real property by means of a resulting trust in his favor. Plaintiff presents three questions for review, all raising the common issue of whether the facts of record support the judgment entered. Specifically, whether plaintiff produced sufficient evidence of his intention to retain sole ownership of the property to rebut the presumption that he intended to make a gift of an entirety interest to his former wife, Marsha Mims, to mandate the declaration of a resulting trust in his favor. Plaintiff argues that he presented ""overwhelming relevant, material and unrefuted evidence"" to prove that he took no actions supporting a finding of gift, that he did not intend to make such a gift, and did not, in fact, make a gift of the property to the defendant. Consequently, plaintiff argues that the trial court erred in making certain findings of fact, in failing to make certain other findings, and abused its discretion by denying plaintiff's motions to set aside the verdict. For the reasons set forth below, we hold that the relevant and material facts of record do not support the trial court's conclusion of law that the presumption of gift was not rebutted, and therefore, the judgment awarding defendant a one-half interest in the subject property must be reversed. We will first give a brief review of the history of this case, as it has some bearing on the resolution of the issues presented by this appeal.
 "Mims v. Mims" by Court of Appeals of North Carolina No. 8210SC1126 ~ eBook PDF Kindle ePub Free){kind=link}