Faggart v. . Bost

Citations

• 29 S.E. 833
• 122 N.C. 517
• 1898 N.C. LEXIS 295

Syllabus

<p>Action to Recover Land — Constructive Trusts — Statute of Presumptions — Husband and Wife — Possession.</p> <p>1. Where a married ■woman was entitled to have her husband declared a trustee for her of lands purchased with her money and conveyed to him before 18G8, the statute of presumptions would not bar her right of action though feme coverts are not included among the exceptions named in Section 19, Chapter 65, of the Revised Code; the reason being that the husband’s possession is considered to be the possession of the wife.</p> <p>2. Prior to 1868 a husband purchased land with his wife’s money, and, contrary to his agreement with her, had the conveyance made to himself. The wife died in 1885; the husband remained in possession and died in 1896. There was no issue of the marriage. The heirs and next of kin of the wife brought suit in 1896. Held, that, while the statute of presumptions did not run against the wife to have her husband declared a trustee for her and compel a conveyance, (liis possession being considered hers), it did run against the heirs and next of kin of the wife from the time of his death.</p>