Public-domain · open source
OpenJurist

56 N.C. 95

Corner v. Stevenson

Supreme Court of North Carolina

Decided December 15, 1856

Supreme Court of North Carolina · decided 1856-12-15

The bill alleged that the defendant Richard N. Taylor, was indebted to the plaintiffs in the sum of $1763,77, for which they had taken judgment in Craven County Court; that previously to the rendition of this judgment, he made two deeds of trust to the other defendant, George S. Stevenson, conveying therein all his estate, of every kind, making no provision for the debt of the plaintiffs; that these conveyances provided, that unless the debts, therein named, should be paid…

Decided 1856-12-15

PeaesoN, J.

¶1The object of the bill is to subject the resulting trust of the debtor to the payment of the plaintiffs’ debt. In this question, the eesi/ms que trust, i. e., the creditors secured in the deed of trust, are not concerned, because the bill is framed upon the supposition that their debts are first to be paid, and only claims the balance, after making the deduction, as a fund applicable to the plaintiffs’ debts. In taking the account, in order to ascertain the amount of the fund, the trustee represents the cestuis que trust.

¶2Pee CubiaM. The decretal order over-ruling the demurrer is affirmed.

/56/nc/95 · .json · Public domain