Wesson v. Stephens

• Decision Date: 30 June 1843
• Citation: 2 Ired.Eq. 557,37 N.C. 557
• Parties: BENJAMIN L. WESSON v. LEVI STEPHENS, ADM'R. OF CALEB LAWRENCE.
• Court: North Carolina Supreme Court

2 Ired.Eq. 557

37 N.C. 557

BENJAMIN L. WESSON

v.LEVI STEPHENS, ADM'R. OF CALEB LAWRENCE.

Supreme Court of North Carolina.

June Term, 1843.

A delivery of a deed to a third person for the use of the grantee, makes it effectual from the instant of such delivery, although the person is not the agent, but a stranger to the grantee, provided the grantee afterwards assents to it.

Where the grantor inserts in his deed a release for the purchase money, when he has not actually received it or taken a security for its payment, Equity will give him relief.

This cause was set for hearing at the Spring Term 1843 of Rockingham Court of Equity, upon the bill, answer and proofs, and then, by consent of parties, ordered to be transmitted to the Supreme Court.

The following is the substance of the pleadings and proofs:

The plaintiff in his bill states, that he sold in fee simple a tract of land to the defendant's intestate, lying in the county of Rockingham, adjoining the lands of P. L. Morgan and others, containing 235 acres, for the sum of $300, to be secured by bond payable the first day of September, 1842: That he executed a deed of bargain and sale for the said tract of land, and delivered it to P. L. Morgan for the use of the vendee, who thereafter accepted the said deed and took possession of the land: That the deed was written in the common form, and expressed in its face a full receipt and release of the purchase money: That the vendee omitted to execute the bond, when he received the deed, he having no bond written, or pen and paper then and there to write it, but he promised to give it to the plaintiff's agent when he should see him again. The vendee shortly thereafter died, without ever giving the bond for the purchase money for the said land. The bill prays, that the administrator be decreed to pay the purchase money out of the assets of the vendee.

The defendant in his answer says, that he has no knowledge of any contract made by his intestate with the complainant for the lands described in the bill, that he found no such deed for the land, as that mentioned in the bill, among his intestate's papers, or any where else. Defendant states, that his intestate told him that he had made some improvements on the said land, but he denies that he ever took possession of the land. He denies all knowledge of Morgan's delivering any deed for the land to his intestate. He admits that he has assets.

P. L. Morgan deposes, that the contract for the...