Hill v. . Davis

Supreme Court of North Carolina

Hill v. . Davis

20 S.E. 469, 115 N.C. 323

DecidedSeptember 5, 1894

StatusPublished

This text of 20 S.E. 469 (Hill v. . Davis) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hill v. . Davis, 20 S.E. 469, 115 N.C. 323 (N.C. 1894).

Pincite

Opinion

Per curiam:

The deed in trust explicitly authorizes and directs the trustee to settle the claim of the plaintiff “ without discount.” liere is an express trust in favor of the plaintiff, and its efficacy is not destroyed because the trustor was mistaken in believing that the claim was already secured. It was clearly his intention that this claim should be preferred, at least to the extent of the value of the land which constituted its consideration. While the plaintiff was not entitled to the specific relief asked, there was sufficient in the complaint to have warranted a judgment declaring that the claim of the plaintiff was secured in the deed, and that it should be paid by the trustee as directed.

Reversed.

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Per curiam:

The deed in trust explicitly authorizes and directs the trustee to settle the claim of the plaintiff “ without discount.” liere is an express trust in favor of the plaintiff, and its efficacy is not destroyed because the trustor was mistaken in believing that the claim was already secured. It was clearly his intention that this claim should be preferred, at least to the extent of the value of the land which constituted its consideration. While the plaintiff was not entitled to the specific relief asked, there was sufficient in the complaint to have warranted a judgment declaring that the claim of the plaintiff was secured in the deed, and that it should be paid by the trustee as directed.

Reversed.

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Bluebook (online)

20 S.E. 469, 115 N.C. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-davis-nc-1894.