Lockridge v. Smith

The first question involved as stated by plaintiff, is as follows: “If the attorney and agent who acts for the trustee to sell property sells to himself, as the record in this case discloses was done, does the deed of the trustee conveying the property to his attorney and agent pass the equitable interest of the mortgagor?” We think not, if nothing else appeared.

We think the principle of law relied on by the referee, sound in principle and the law of this jurisdiction as set forth in Gibson v. Barbour, 100 N. C., 192 (197-198) : “‘It is an inflexible rule/ are the words of the late Chief…