Steel v. Black

• Decision Date: 31 December 1857
• Citation: 56 N.C. 427,3 Jones 427
• Court: North Carolina Supreme Court
• Parties: MARTIN STEEL v. JUDITH E. BLACK.

3 Jones Eq. 427

56 N.C. 427

MARTIN STEEL

v.JUDITH E. BLACK.

Supreme Court of North Carolina.

December Term, 1857.

*1 The fact that the bargainor, in an absolute deed, remained in possession of the land conveyed, for more than a year after the sale, using it as his own, is dehors the declarations of the defendant, and is inconsistent with the idea of a purchase; and if in addition, it be proved that the seller was hard pressed for money, that the money advanced was not more than half the value of the premises, and that the defendant agreed to execute a bond to reconvey, and refused to do it, a sufficient case is made out to entitle the plaintiff to a reconveyance on the payment of the sum advanced, with interest.

CAUSE removed from the Court of Equity of Cabarrus county.

The plaintiff, being hard pressed for money, and his land being levied upon and advertised for sale, conveyed to the defendant, then a married woman, a tract of land, worth two hundred dollars, and got her to pay off the executions that were then against him. These amounted to about $100. The plaintiff remained in possession of the land for a while after the execution of the deed, and then rented it out for a year at thirty dollars, which was paid to him with the knowledge of the defendant and with her assent. The plaintiff alleges, in his bill, that the land in question was advertised to be sold at Concord, on the week of Cabarrus county court, October term, 1854, and that the defendant meeting him at that place, proffered to advance him money to pay off the executions, and to take a deed for the land as security for the repayment of the money advanced; and as she was then a married woman, she proposed that her husband, in a few weeks thereafter, should execute a bond to reconvey the land on the repayment of the money with interest; that he agreed to the terms proposed, and accordingly made an absolute deed for the premises; that at the same time it was agreed between them, if he was unable to redeem the land, she was to advance a further sum, so as to make the whole sum three hundred dollars, which was the estimated value of the land; that in about three weeks afterwards he called on her to have the bond to reconvey executed, when she expressed a willingness to do so, but said it was not convenient to do the writing at that time, and it was further agreed that it should be done in a short time thereafter; that in about three weeks more he tendered her the sum advanced for him, which she refused, insisting that the purchase was an absolute one.

Samuel N. Black, the husband of the defendant, died in the year ____, having made and published a will, in which he devised the land in question to the defendant, and appointed her his sole executrix, and she therefore brought an action of ejectment against the terre-tenant, who...