Whitehead v. . Whitehead

64 N.C. 538

• Court: Supreme Court of North Carolina
• Decided: June 5, 1870
• Status: Published

Opinion

Bead®, J.

It was not controverted that the trust fund,, held as of the separate estate of the plaintiff, was appropriated to purchase the land in question, and that it was. agreed that the deed was to be made to Thomas Whitehead in trust for the plaintiff; but, by mistake of the draftsman, it was made to Marcellus Whitehead without any declaration of trust. It is a well settled principle of equity that the plaintiff has the right to follow the fund, and to have the legal owner declared a trustee for her.

The defendants, Henderson and Ennis, bought the land at sale under execution against Marcellus Whitehead the legal owner, with notice of the plaintiff’s equity, and, of course, they are bound by it. Indeed, as they can take nothing under the sale but the interest of the defendant in the execution, they would be affected by the equity, without notice.

There is no error. Let this be certified, &c.

Per Curiam;. ' Affirmed.