Stith v. . Lookabill
Supreme Court of North Carolina
Trustee — Possession of Land by Equitable Owner.- Civil ActioN to recover possession of Real Estate, tried at Eall Term, 1875, of Cabarrus Superior Court, before j&chenck, J. The plaintiff claimed as devisee of one A. B. Stith, who bought the laud in controversy at execution sale.
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Trustee — Possession of Land by Equitable Owner.- Civil ActioN to recover possession of Real Estate, tried at Eall Term, 1875, of Cabarrus Superior Court, before j&chenck, J. The plaintiff claimed as devisee of one A. B. Stith, who bought the laud in controversy at execution sale. The defendant claimed as tenant of one Sturges who claimed to be the owner in fee of said land, or if not the owner in fee, then the beneficiary owner, and entitled to the equitable fee therein, but by consent of both parties the Court found the facts to be as follows: 1. Plaintiff and defendant both derive title…
1Opinion of the CourtReade, J.
Land is conveyed to A in trust for B.
A has the legal title and conveys to G.
B has the equitable title and conveys to D.
Who is entitled to hold the land in this Court, 0 or D ?
Very clearly I) is entitled to hold the land in a Court of equity as this is.
That is substantially this case, and that principle settles-this case in favor of the defendant.
John M. Lisle, conveyed the land to one Caminan in trust for certain persons. The plaintiff’s devisor had an execution* against Carnman leviel on the lan l anl bought 'it at Sheriff’s sale. That puts the plaintiff in the shoes of Cam-man with the…
2Cited by7 opinions
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Bodenhamer v. . WelchSupreme Court of North Carolina · 1883
- Johnson v. . PrairieSupreme Court of North Carolina · 1884
- Moore v. . MooreSupreme Court of North Carolina · 1909
- Skinner v. Terry.Supreme Court of North Carolina · 1904
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