Evans v. . Cullens

Citations

• 28 S.E. 961
• 122 N.C. 55
• 1898 N.C. LEXIS 190

Syllabus

<p>Husband and Wife — Conveyance to Wife of Land Purchased by Husband — Trustee—Superior Court Clerk —Practice.</p> <p>1. Ata sale of laud for partition, E became the purchaser, complied with the terms of sale, and title was ordered to be made to him, but, at his direction and without assignment of the bid, conveyance was made to his wife, and registered. Thereafter he claimed no interest in the land. Twenty years afterward, the plaintiff extended credit, to the husband. Held that, in the absence of fraud or preexisting indebtedness of the husband, the wife will not be declared a trustee of the land for her husband so as to subject it or its rents and profits to the payment of debt of a creditor, who had notice of the status of the property when he extended credit to the husband.</p> <p>2. The Court condemns the practice by which a Superior Court Cleric appoints himself as Commissioner to sell land, and confirms his own report of sale.</p>