Whitehead v. . Whitehead
Supreme Court of North Carolina
Civil action, tried before Cloud, J., at Spring Term 1870 of Rowan Court. The facts were, that on the marriage of the plaintiff with the defendant Marcellus, in 1846, her property was conveyed to her separate use; in Mardh 1848, a part of it was invested in lots in Salisbury, which, in April 1866, were sold, and the land, in question, purchased. This last was, by mistake, ‘'conveyed to the husband for his own use.
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Civil action, tried before Cloud, J., at Spring Term 1870 of Rowan Court. The facts were, that on the marriage of the plaintiff with the defendant Marcellus, in 1846, her property was conveyed to her separate use; in Mardh 1848, a part of it was invested in lots in Salisbury, which, in April 1866, were sold, and the land, in question, purchased. This last was, by mistake, ‘'conveyed to the husband for his own use. In the Spring of 1869, the plaintiff’s attention was first called to the mistake, she having-supposed until then that it had been conveyed to Thomas Whitehead, as trustee for her.…
1Opinion of the Court
Bead®, J.
It was not controverted that the trust fund,, held as of the separate estate of the plaintiff, was appropriated to purchase the land in question, and that it was. agreed that the deed was to be made to Thomas Whitehead in trust for the plaintiff; but, by mistake of the draftsman, it was made to Marcellus Whitehead without any declaration of trust. It is a well settled principle of equity that the plaintiff has the right to follow the fund, and to have the legal owner declared a trustee for her.
The defendants, Henderson and Ennis, bought the land at sale under execution against…
2Cited by1 opinion
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