Deese v. . Deese
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at May Term, 1918, of UNION. This was an action brought by Annie M. Deese against Jesse M. Deese, her husband, to declare him a trustee of a tract of land, the purchase money of which was paid by Annie M. Deese, but the title to which was taken to Jesse M. Deese and Annie M. Deese. The plaintiff” dying after the action was begun, her only child, Charles Deese, was-substituted as plaintiff appearing by his next friend.
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Appeal by defendant from Harding, J., at May Term, 1918, of UNION. This was an action brought by Annie M. Deese against Jesse M. Deese, her husband, to declare him a trustee of a tract of land, the purchase money of which was paid by Annie M. Deese, but the title to which was taken to Jesse M. Deese and Annie M. Deese. The plaintiff” dying after the action was begun, her only child, Charles Deese, was-substituted as plaintiff appearing by his next friend. The facts found by the jury by consent are that the land described in the complaint was-purchased with money belonging to Annie M. Deese…
1Opinion of the CourtOlakK, C. J.
It does not' appear upon the face of the deed that the-grantees were husband and wife, and hence, without evidence dehorsy the grantees would hold as tenants in common.
The jury finding, by consent, that the land was purchased with the separate property of Annie M. Deese, which had been derived from the sale of land belonging to her, there was a resulting trust in favor of the-wife. Lyon v. Akin, 78 N. C., 258; Cunningham v. Bell, 83 N. C., 330. Even when the wife furnishes the purchase money and requests that the deed be made to her husband there is still a resulting trust to her. Sprinkle v.…
2Cases cited7 opinions
- Lyon v. . AkinSupreme Court of North Carolina · 1878
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Sprinkle v. . SpainhourSupreme Court of North Carolina · 1908
- Tiddy v. . GravesSupreme Court of North Carolina · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mims v. MimsSupreme Court of North Carolina · 1982
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Honeycutt v. Citizens National Bank in GastoniaSupreme Court of North Carolina · 1955
- Greer v. United StatesCourt of Appeals for the Fourth Circuit · 1971
- Ingram v. . EasleySupreme Court of North Carolina · 1947
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