Civil actioN, tried at Spring Term, 1894, of Scjkry Superior Court, before Whitalcer, J., upon complaint and demurrer ore tenus, for the recovery of $500 balance due on the purchase of land for which a deed had been given and no lien retained, and for a sale of the land in satisfaction of a debt.
Decided 1894-09-05
Per curiam:
¶1
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.
