Lyon v. . Akin
Supreme Court of North Carolina
Civil Action to recover Possession of Laud, tried at ; Spring Term, 1877, of Granville Superior Court, before Buxton, J. The defendant, Lydia, was one of the heirs at law of John "Eerrill who died in 1846, seized of real estate which descended to Lydia and her brothers and sisters as tenants in • common.
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Civil Action to recover Possession of Laud, tried at ; Spring Term, 1877, of Granville Superior Court, before Buxton, J. The defendant, Lydia, was one of the heirs at law of John "Eerrill who died in 1846, seized of real estate which descended to Lydia and her brothers and sisters as tenants in • common. The defendant W. E. Akin and the said Lydia intermarried in March, 1846, she being then,seventeen years of age. . In July, 1848, the husband purchased the land in •suit for the sum of $2i8, taking to himself a deed in fee ■.therefor; and in 1850, paying for it with his wife’s money. Of this…
1Opinion of the CourtBynum, J.
(After stating the facts as above.) The plaintiff is entitled to recover. When real estate belonging to :an infant or feme covert has been converted into money 'byr a sale under decree of Court for a division, the fund will* continue to haye the character of realty until a different character is impressed upon it by some act of the owner. Jones v. Edwards, 8 Jones 336. And where land has been purchased with the wife’s money the proceeds of the sale of her real estate, although the deed be taken to the husband alone, a resulting trust is thereby created in favor of the wife whose money paid…
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