Johnson v. . Blake
Supreme Court of North Carolina
Civil AotioN, to foreclose a land mortgage, tried before Timberlahe, J., at February Term, 1898, of Wake Superior Court. The plaintiff claimed as mortgagee of Richard Einnell, who had purchased the property from Sion II. Rogers, and had it conveyed to E. A. Johnson, in fee-simple, for the sole and separate use of Mary A. Einnell, his wife. The terms of the trust are quoted in the opinion.
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Civil AotioN, to foreclose a land mortgage, tried before Timberlahe, J., at February Term, 1898, of Wake Superior Court. The plaintiff claimed as mortgagee of Richard Einnell, who had purchased the property from Sion II. Rogers, and had it conveyed to E. A. Johnson, in fee-simple, for the sole and separate use of Mary A. Einnell, his wife. The terms of the trust are quoted in the opinion. The plaintiff claimed that Mrs. Einnell took but a life interest in the trust estate, and that at her death the fee-simple interest reverted to her husband, by reason of his having paid the purchase money.…
1Opinion of the CourtEueohes, J.
In 1857 Sion H. Rogers conveyed tbe land in controversy to E. Johnson in fee-simple, “to bold .the same 'for tbe sole and separate use of Mary Ann Einnell, wife of Richard Einnell, and to allow her to live upon tbe same, or retain tbe rents and profits thereof free from tbe interest of her present or any future husband as completely as if she were feme sole, and to sell and reinvest tbe proceeds in other personal or real estate, to be held upon tbe same terms and trust as specified herein and no other.”
Rogers, tbe grantor, Johnson, tbe grantee, Mary Ann Ein-nell and Richard Einnell are all…
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