O. Sprinkle v. . Julius Martin
Supreme Court of North Carolina
This was a civil action for the recovery of the possession of a tract of land and damages for the detention thereof, tried before Mitchell Judge, at Fall Term 1871, of Wilkes Superior Court.
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This was a civil action for the recovery of the possession of a tract of land and damages for the detention thereof, tried before Mitchell Judge, at Fall Term 1871, of Wilkes Superior Court. Plaintiff showed a deed in trust from himself to C. L. Cook, made to secure a debt to Jenkins and Eoberts, bearing date March 27th, 1855, and which covered the land in dispute, and a deed from Cook reconveying the laud, and dated 12th March 1869. He also, for the purpose of showing that the defendant claimed under the same title, and for no other purpose, introduced a copy of a deed from E. Staley,…
1Opinion of the Court
Pbabson, 0. J.
The defendant acquired no title by his purchase at the Sheriff’s sale, for Sprinkle (the defendant in the execution) had no estate or interest in the land, which could be'sold by the Sheriff under execution. Thompson v. Ford, 7 Ired, 418. Harrison v. Battle, Dev. Eq., 537. When a debtor conveys to a trustee, in trust to sell and satisfy certain, creditors, the trustee holds in trust for the creditors, and then in trust for the debtor, as a resulting trust. This resulting trust cannot be sold as an equitable or trust estate, for, by the provision of the statute the purchaser at…
2Cited by12 opinions
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