Banks v. . Banks
Supreme Court of North Carolina
Civil ActioN for the Possession of Land, tried at Spring 'Term, 1877, of Yancey Superior Court, before Burches, J. While the plaintiff was absent in the 'army, his land was ¡sold by the Sheriff' at execution sale, and his mother, the ■defendant, Rachel Banks, became the purchaser. She conveyed to Ezekiel Banks, another son, who subsequently died, .and the defendant, Melissa Banks, is guardian of his heirs-at-law, and defends this action for herself and as such guar■dian.
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Civil ActioN for the Possession of Land, tried at Spring 'Term, 1877, of Yancey Superior Court, before Burches, J. While the plaintiff was absent in the 'army, his land was ¡sold by the Sheriff' at execution sale, and his mother, the ■defendant, Rachel Banks, became the purchaser. She conveyed to Ezekiel Banks, another son, who subsequently died, .and the defendant, Melissa Banks, is guardian of his heirs-at-law, and defends this action for herself and as such guar■dian. The other facts necessary to an understanding of the points decided are stated by Mr. Justice Bynum in delivering the…
1Opinion of the CourtBynum, J.
The defendant, Rachel Banks, at the execution •sale of her son’s land, he being then absent- in the army, represented to the bidders that she was 'bidding for her said son’s benefit, whereby she suppressed' the biddings and purchased the land at an under-value and took the Sheriff’s deed to herself. This constituted her a trustee of the land for the son. Rich v. Marsh, 4 Ire. Eq. 396; Hill v. Whitfield, 8 Jones 120.
Upon the return of the son soon after the sale, to wit, in the early part of 1863, the mother offered to eonvéy the land to him on the re-payment of the purchase money. This he…
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