McEachin v. . Stewart

Citations

• 11 S.E. 274
• 106 N.C. 336

Syllabus

<p>Trustee — Conversion — Mortgage — Fraud— Cause of Action— Demurrer — Pleadings— Cumulative Remedies.</p> <p>1. Where the defendant, a Clerk of the Superion Court, being charged by order of Court with the investment of a fund for the benefit of certain parties, loaned it to his brother upon a third mortgage, and took the money back in payment of a debt due him by his brother on a prior mortgage: Held, that in equity the fund could be followed into his hands.</p> <p>2. When, in addition to the above facts, it was alleged that the defendant caused the mortgage to be foreclosed, and, in effect, bought at the sale at a sum less than sufficient to pay the first two mortgages : Held', there were sufficient allegations to raise an issue of fraud, and that they constituted a good cause of action.</p> <p>3. When pleadings are* substantially sufficient, a demurrer will not be sustained.</p> <p>4. The existence of other remedies against the defendant, as in this case, does not impair the one chosen.</p>