Younce v. . McBride
Supreme Court of North Carolina
This was a civil action, brought by the plaintiffs after they had come of age against the defendant, who had been their guardian, to follow some funds belonging to them, which he had used in the purchase of a tract of land. ITe. admitted that he had used their funds in paying for the-land, but he contended that under the circumstances, the' plaintiffs were not entitled to the relief which they demanded. . These circumstances are fully stated in the opinion of this Court.
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This was a civil action, brought by the plaintiffs after they had come of age against the defendant, who had been their guardian, to follow some funds belonging to them, which he had used in the purchase of a tract of land. ITe. admitted that he had used their funds in paying for the-land, but he contended that under the circumstances, the' plaintiffs were not entitled to the relief which they demanded. . These circumstances are fully stated in the opinion of this Court. His Honor, Judge Henry, at the Fall Term of the Superior Court of Watauga, gave judgment against the plaintiffs,, from…
1Opinion of the CourtReade, J.
It is admitted that the defendant used the fundi of his wards, the plaintiffs, in paying for the tract of land mentioned in the pleadings, and took a conveyance to himself.
The question is, whether the plaintiffs have the right to follow the fund, and subject the land to the satisfaction of their claim. There is no principle better settled. They have,the right. But the defendant says that this case is; taken out of the general principle, by reason of one or both of the following circumstances:
1. The person of whom he bought the land was administrator of an estate in which the plaintiffs were…
2Cited by6 opinions
- State v. . BeversSupreme Court of North Carolina · 1882
- Edgecombe Bank & Trust Co. v. BarrettSupreme Court of North Carolina · 1953
- Shields v. HarrisSupreme Court of North Carolina · 1925
- Shields v. . HarrisSupreme Court of North Carolina · 1925
- Coble v. . CobleSupreme Court of North Carolina · 1880
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