Edwards v. Trustees of the University
Supreme Court of North Carolina
The plaintiffs were the children and heirs-at-law of one John Edwards, who died in the year 1817, intestate. John Edwards was a non-commissioned officer in the continental service during the revolutionary, war, belonging to the North Carolina line, and had been regularly discharged.
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The plaintiffs were the children and heirs-at-law of one John Edwards, who died in the year 1817, intestate. John Edwards was a non-commissioned officer in the continental service during the revolutionary, war, belonging to the North Carolina line, and had been regularly discharged. He being entitled by the laws of -the state to one thousand acres of military bounty land, the defendants suggested that he had died leaving no heirs, and obtained a warrant for the land, as having escheated to them. The bill prayed that the defendants might be declared to be trustees for the plaintiffs, and…
1Opinion of the Court
Daniel, Judge,
having stated the case as above, proceeded :—
The plaintiffs seek to make the defendants their trustees by operation of Jaw, and by a decree of this court. The defendants rely upon the statute of limitations, nearly ten years having elapsed since they obtained the warrant and assigned it, to the time of filing the bill. As respects trusts, the distinction in equity is, that if the trust be constituted by act of the parties, the possession of the trustee is the possession of the cestui que trust, and no length of possession as such will bar; but if a party is to be consti tuted a…
2Cited by4 opinions
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- Hilton v. . GordonSupreme Court of North Carolina · 1919
- Benzien v. . LenoirSupreme Court of North Carolina · 1814
- Pritchard v. WilliamsSupreme Court of North Carolina · 1918