{
  "id": 8683190,
  "name": "VIRGINIA S. WHITEHEAD v. MARCELLUS WHITEHEAD and others",
  "name_abbreviation": "Whitehead v. Whitehead",
  "decision_date": "1870-06",
  "docket_number": "",
  "first_page": "538",
  "last_page": "540",
  "citations": [
    {
      "type": "official",
      "cite": "64 N.C. 538"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "1 D. & B. 389",
      "category": "reporters:state",
      "reporter": "D. & B.",
      "opinion_index": -1
    },
    {
      "cite": "15 Yt. 525",
      "category": "reporters:state",
      "reporter": "Vt.",
      "case_ids": [
        4417744
      ],
      "opinion_index": -1,
      "case_paths": [
        "/vt/15/0525-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:e9e22584a7299dfc",
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  "last_updated": "2023-07-14T17:28:35.890237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "VIRGINIA S. WHITEHEAD v. MARCELLUS WHITEHEAD and others."
    ],
    "opinions": [
      {
        "text": "Bead\u00ae, J.\nIt 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.\nThe defendants, Henderson and Ennis, bought the land at sale under execution against Marcellus Whitehead the legal owner, with notice of the plaintiff\u2019s 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.\nThere is no error. Let this be certified, &c.\nPer Curiam;. ' Affirmed.",
        "type": "majority",
        "author": "Bead\u00ae, J."
      }
    ],
    "attorneys": [
      "Boyden & Bailey, for the appellants.",
      "John 8. Henderson,'contra."
    ],
    "corrections": "",
    "head_matter": "VIRGINIA S. WHITEHEAD v. MARCELLUS WHITEHEAD and others.\nWhfere land was bought with money forming a portion of the separate estate of a wife, and by mistake the title was made to the husband, and subsequently, the land was sold tinder execution by creditors of the husband, and was bought by them, with notice, <&e: Held, that upon application by the wife, the purchasers would be declared trustees for her, and whether they purchased with notice,. or without, was immaterial.\nCivil action, tried before Cloud, J., at Spring Term 1870 of Rowan Court.\nThe facts were, that on the marriage of the plaintiff with the defendant Marcellus, in 1846, her property was conveyed to her separate use; in Mardh 1848, a part of it was invested in lots in Salisbury, which, in April 1866, were sold, and the land, in question, purchased. This last was, by mistake, \u2018'conveyed to the husband for his own use. In the Spring of 1869, the plaintiff\u2019s attention was first called to the mistake, she having-supposed until then that it had been conveyed to Thomas Whitehead, as trustee for her. In 1868, Henderson and Ennis, whq were also defendants in this case, obtained judgment .against the husband; and, in September 1869, the premises in question were sold under execution,, and bought by the above judgment creditors, who had notice at that time of the plaintiff\u2019s claim.\nHis Honor thereupon gave judgment as required by the-plaintiff; viz, that the defendants be declared trustees for her, &c.\nThe defendants appealed.\nBoyden & Bailey, for the appellants.\nJohn 8. Henderson,'contra.\n1. A husband who purchases an estate with trust money belonging to his wife, becomes a trustee for-her: Bench v.. Bench, 10 Yes. 517; Pearson v.' Daniel, 2 D. & B. Eq. 360; Methodist Episcopal Ohwrch v. Jaques, 1 John C. E. 450, 3 lb. 77; Pimiey v:Fellows, 15 Yt. 525; and he is trustee pro-tanto, if all the money were not hers. Hill, Trustees, 522;, Oliver v. Piatt, 3 How. U. S. 333; Cheshire v. Cheslwre, 2: Ire. Eq. 569.\n2. Purchasers at sheriffs sales take subject to all equities which affected the defendants in the executions: Freeman v.. Hill, 1 D. & B. 389; Polk v. Gallant, 2 lb. 395; Bead v.. Kinnaman, 8' Ire. Eq. 13; Ellis v. Tousley, 1 Paige Ch. Eep. 280.\n' 3. No advantage can be taken of the mistake: McKay v. 8impson, 6 Ire. Eq. 452; Johnson v. Bee, Bus. Eq. 43."
  },
  "file_name": "0538-01",
  "first_page_order": 562,
  "last_page_order": 564
}