Cummings v. Cummings
U.S. Circuit Court for the District of Western North Carolina
This is a suit in equity by Nellie L. Cummings and S. Alice Cummings, minors, by their next friend, R. F. Alexander, against P. A. Cummings and others, to establish rights in certain real estate.
1Opinion of the Court
SIMONTON, Circuit Judge.
These poinfs have thus far been decided in this case: That the trust deed executed by Mrs. Cummings to Child, trustee, purporting to be a deed of trust of the land purchased by her to secure unpaid purchase money, being the deed of a married woman, was not executed in accordance with the law of North Carolina, and w'as inoperative. That Child, trustee, took no power of sale thereunder. That the sale made by Doubleday, who had been substituted in lieu of Child, the deceased trustee, ivas alsc inoperative and void. That this sale was made because of the nonpayment of a…
2Cases cited3 opinions
- Moore v. . ByrdSupreme Court of North Carolina · 1896
- Peebles v. . TaylorSupreme Court of North Carolina · 1896
- State Ex Rel. Coffield v. McNeillSupreme Court of North Carolina · 1876
3Cited by2 opinions
- Doe v. RoeSuperior Court of Delaware · 1933
- Hadley v. HadleyTennessee Supreme Court · 1904