Blount v. . Carroway
Supreme Court of North Carolina
Civil action to recover possession oí a tract oí land, tried before Clarice, J., at Fall Term, 1871, of Lenoie Superior Court. The complaint alleges, that the plaintiff' was the owner of a certain tract of land in Lenoir county, describing the boundaries, and that defendant withholds possession, and demands judgment for possession, and damages for withholding the same.
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Civil action to recover possession oí a tract oí land, tried before Clarice, J., at Fall Term, 1871, of Lenoie Superior Court. The complaint alleges, that the plaintiff' was the owner of a certain tract of land in Lenoir county, describing the boundaries, and that defendant withholds possession, and demands judgment for possession, and damages for withholding the same. The defendant, William W. Carroway, answers: I. That prior to 26th day of June, 1866, he was tho owner in fee of the land; that on that-day he mortgaged the same in fee to one John C. Washington, to seenre certain debts recited…
1Opinion of the Court
PeaRsoN, O. J.
The counter claim is not put on the footing of the specific performance of a contract, but, on the footing of a constructive trust, growing out of the connection between Washington and Oarroway, as mortgagee and mortgagor, and their dealing in regard to the equity of redemption, and that Blount stands in the shoos of Washington.
The jury find that Blount purchased the land as agent of Washington — issue II, and that Blount had notice of the agreement by Washington to convey the land to Lewis Hilliard, as trustee for Mrs. Oarroway — issue III.
So Blount stands in the shoes of…
2Cited by10 opinions
- Jasinski v. StankowskiCourt of Appeals of Maryland · 1924
- Atkinson v. AtkinsonSupreme Court of North Carolina · 1945
- Atkinson v. . AtkinsonSupreme Court of North Carolina · 1945
- Leupold v. LeupoldCourt of Appeals of Maryland · 1929
- Dawkins v. . PattersonSupreme Court of North Carolina · 1882
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