Norris v. Woods

• Decision Date: 20 April 1893
• Parties: NORRIS. v. WOODS.
• Court: Virginia Supreme Court

17 S.E. 552

89 Va. 873

NORRIS.

v.WOODS.

Supreme Court of Appeals of Virginia.

April 20, 1893.

Resulting Trusts—Subrogation—Powers.

1. Where a trustee holds land under an express trust for a married woman, no trust results in his favor from the fact that he subsequently advanced her money with which to pay off a vendor's lien on the land.

2. A trustee who advances money to his cestui que trust, with which to extinguish a vendor's lien on the trust property, and who takes an imperfect mortgage and bonds as security, is not entitled to be subrogated to the vendor's lien.

3. An instrument executed by a married woman, and intended as a mortgage on her separate estate, but invalid as such because her husband did not unite in its execution, does not constitute an equitable lien on the estate.

4. A deed conveying land in trust for a married woman for life, with a power of appointment, as well as power to sell and reinvest the proceeds, does not confer a right oh her to incumber or mortgage the property.

Appeal from circuit court, Chesterfield county.

Bill by Hiram Woods against Alice L. Norris to subject defendant's land to a debt alleged to be owing from her to plaintiff. From a decree in complainant's favor, defendant appeals. Reversed.

W. W. & B. T. Crump, for appellant.

Tucker & Ingram, for appellee.

HINTON, J. By deed dated June 6, 1868, N. T. Pate conveyed to Hiram Woods a farm in the county of Chesterfield, in trust for the separate use of Alice L. Norris, the appellant, who was at the time a married woman. The consideration expressed on the face of the deed is the sum of $7,-500, of which amount $3,000 was paid in cash, and for the balance a vendor's lien was retained. Subsequently, to wit, on the 7th day of June, 1868, the said Alice L. Norris executed the following paper: "Whereas, by deed dated 6th June, 1868, N. T. Pate conveyed to Hiram Woods, as trustee, a certain tract of land in Chesterfield county, Va., containing about 150acres, which was to be held by said trustee as the separate estate of Alice L. Norris, which deed is of record in the clerk's office of the county of Chesterfield; and whereas, two installments of the purchase money remain unpaid, to wit, $3,500.00, due the 6th of August, 1868, and $1,000.00, due the 6th of May, 1869; and whereas, the said Alice L. Norris has no means from which to make said payments of $3,500 and $1,000, and has requested the said Hiram Woods to advance and pay the same for her, and the said Alice L. Norris desiring fully to indemnify and secure the said Hiram Woods for any payment he may make in pursuance of her said request, she, the said Alice L. Norris, doth hereby agree and direct as follows: That, if any such payment be made by the said Hiram Woods on account of said indebtedness, and the same remain unpaid for twelve months after it is so advanced, that the said Hiram Woods shall proceed to sell the property aforesaid on a credit of six and twelve months, shall repay himself the amount then due, and dispose of the remainder as directed by the deed of settlement aforesaid. This direction and power shall remain unrevocable so long as any portion of the said debt remains unpaid to the said Hiram Woods."

Contented with the security furnished by this paper, and certain Beemer bonds, which amounted to largely more than the debt or unpaid purchase money, the trustee, Hiram Woods, loans Mrs. Norris the amount necessary to discharge the vendor's lien, at a rate of interest of 8 per centum per annum. He, the trustee, has realized from the Beemer bonds more than enough to pay off the principal of the debt, and is now seeking to obtain a sale of the farm of his cestui que trust for a balance of interest of $2,844.75, for which the circuit court has decreed in his favor....