Broughton v. Lane

• Decision Date: 10 October 1893
• Parties: BROUGHTON et al. v. LANE et al.
• Court: North Carolina Supreme Court

18 S.E. 85

113 N.C. 16

BROUGHTON et al. v. LANE et al.

Supreme Court of North Carolina

October 10, 1893

Appeal from superior court, Pamlico county; Bynum, Judge.

Action by Thomas A. Broughton and others against S. B. Lane and others for the possession of land. Judgment for plaintiffs. Defendants appeal. Affirmed.

Under the provisions of a deed that the grantee shall hold the land conveyed in trust for a married woman during coverture, and will, if requested by her in writing during coverture, convey the same as she shall direct, the property can, during coverture, be conveyed only as provided by the deed, and a deed executed by the woman and her husband alone is of no effect.

The case agreed was as follows: "(1) In consideration of the money received from the sale of land to Sarah Williams mentioned in the deed, James Norcom, on the 1st day of November, 1856, conveyed to J. S. Jones, trustee, the lands described in the complaint, a copy of which deed is hereto attached, marked 'Schedule A,' and made a part hereof, and the recitals of which are to be taken as further facts agreed in this case. That afterwards, to wit, on the 25th day of October, 1859, the said Levi D. Broughton and wife, Eliza Broughton, executed a deed for a valuable consideration for said land to one Luther Babbitt, a copy of which said deed is hereto annexed, marked 'B.' That the said Joseph S. Jones, trustee, named in the said deed marked 'A,' did not execute or join in the execution of any deed for said land to any person. That, on the ___ day of ___, the said Luther Babbitt did execute a deed in fee simple for said land to ___ Venters. That, on the ___ day ___, the said ___ Venters executed a deed in fee simple for a part of said land to Stephen B. and George H. Lane, and that there after the said George H. Lane conveyed his interest in said land to Stephen B. Lane, one of the defendants in this action. That the residue of said land which was not conveyed by said Venters as above descended to the defendant Martha J McCotter. That Levi D. Broughton survived his wife, Eliza Broughton, who died in 1861, and died June 18, 1888. That the plaintiffs Thomas A. Broughton, Josephine Linton, and E. A Broughton are the children of Levi D. and Eliza Broughton. That the plaintiffs, Doras, Hattie, and Bailey Edwards are the grandchildren of the said Levi D. and Eliza Broughton their mother, Sarah E. Edwards, a daughter of the said Levi D. and Eliza Broughton, having died since the death of both the said Levi D. and Eliza Broughton. (2) That this action was instituted on the 27th day of February, 1891. (3) That Eliza Broughton purchased from John Godett the tract of land on Trent and Thomas creek, (see deed, marked 'Exhibit C,' dated October 27, 1857,) and went into possession thereof, and plaintiffs are now in possession of the same as heirs at law of Eliza Broughton, aforesaid. (4) The defendants were in possession of the said lands at the beginning of this action, and are still in possession of the same."

The material portions of the deed of Norcom to J. S. Jones, trustee for Eliza Broughton, were as follows:

"The conditions of the foregoing deed are such that whereas, Mrs. Eliza Broughton, wife of Levi D. Broughton, has conveyed a tract of land to which she was entitled as feme sole in fee simple to Sarah Williams, upon condition that the purchase money received for her land should be invested in other lands to be held to the same trusts and purposes as the lands heretofore held by her as aforesaid; and whereas, the said Levi D. Broughton, husband of said Eliza, has consented thereto, and has requested James Norcom, the grantor of the before-described tract of land, so to convey, and, for the purposes of carrying the said agreement into execution, the said tract has been granted to the said Joseph S. Jones, as trustee for the purposes aforesaid: Now, it is covenanted and agreed by and between the parties to this indenture that the said Joseph S. Jones should hold the same to the separate use of the said Elisa, wife of said Levi D., Broughton, as if she were a feme sole, and will permit her to have the use of the same and the profits deriving therefrom to her sole and separate use during her coverture with the said Levi D. Broughton, and will, if requested by her in writing during the coverture, convey the same, and invest the purchase money in such other property as she may designate, to be held to the same purposes and trusts as set forth in this indenture; and, if the coverture should be dissolved by the death of said Levi, that then the said Joseph S. Jones, trustee herein, will convey said tract of land to the said Eliza Broughton, now the wife of said Levi, in fee simple; and if the coverture should be determined by the death of the said Eliza, wife of said Levi D. Broughton, that then the said Joseph S. Jones, trustee as aforesaid, will convey the same to the said Levi Broughton, her now husband, for life, with remainder to the children of the marriage, if there be any children, in fee simple; and if there be no children living at the time of the death of said Eliza Broughton, wife of said Levi, then the said trustee shall convey to said Levi D. Broughton in fee simple. In testimony whereof, the said James Norcom, trustee, etc., aforesaid, and the said Levi D. Broughton, have hereunto set their hands and seals, the day and year first above written. Jas. Norcom. [Seal.] L. D. Broughton. [Seal.] Joseph

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