Vestal v. . Sloan
Supreme Court of North Carolina
Trusts and Trustees — Aeeount. Civil ActioN, tried at Fall Term, 1876, of Chatham Superior Court, before Cloud, J. The plaintiff claimed certain lauds in the county of Chat-ham, formerly owned by the defendant. The Sheriff’ sold the same by virtue of sundry executions against the defendant and the plaintiff became the purchaser in the sum of $200, and upon payment of the money, obtained a deed from the Sheriff.
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Trusts and Trustees — Aeeount. Civil ActioN, tried at Fall Term, 1876, of Chatham Superior Court, before Cloud, J. The plaintiff claimed certain lauds in the county of Chat-ham, formerly owned by the defendant. The Sheriff’ sold the same by virtue of sundry executions against the defendant and the plaintiff became the purchaser in the sum of $200, and upon payment of the money, obtained a deed from the Sheriff. Subsequently, and at the request of the defendant, the plaintiff executed a bond to make title to the land to Mrs. Sloan on payment of $500; but the defendant insisted that this…
1Opinion of the CourtPeaRSON, C. J.
This case involves the principles in respect to dealings between trustee and cestui que trust, which .-are decided and discussed in Lee v. Pearce, 68 N. C. 76 and in Whitehead v. Hellen and Kornegay v. Spicer, at this term. A reference to the three casesnamed is all that is necessary. A statement of the facts of this case will show the application.
At the sale, plaintiff agreed to buy the land for Sloan and hold the title in trust to secure the amount of his bid, and also the amount due to his wards. The whole amount is fixed at $600.
This constituted the relation of trustee and cestui que…
2Cases cited1 opinion
- Lee v. . PearceSupreme Court of North Carolina · 1873
3Cited by12 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Brogden v. GibsonSupreme Court of North Carolina · 1914
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