Wilkinson v. . Brinn

Supreme Court of North Carolina
Wilkinson v. . Brinn, 32 S.E. 966 (N.C. 1899)
124 N.C. 723; 1899 N.C. LEXIS 109
Eaiecloth

Wilkinson v. . Brinn

Opinion of the Court

*725 Eaiecloth, O. J.

At tbe death of J. B. Wilkinson in 1887 bis land, tbe same now in controversy, descended to bis four children, subject to tbe dower of bis widow, Minerva Wilkinson. Said children, their husbands and tbe widow, sold and conveyed by deed said land to defendant Brinn, who with bis wife executed a mortgage deed to tbe grantors to secure tbe purchase price, both deeds being duly probated and registered. Among said grantors was Mattie Y. Campbell, and her husband signed tbe deed to Brinn, but bis name does not appear in tbe body of tbe deed. Subsequently Mattie Y. died intestate, leaving infant children and her husband surviving. An action was brought to foreclose said mortgage, tbe minor children of Mattie Y., having no general guardian, were represented by A. H. Wilkinson as their next friend. A decree of sale was ordered, tbe sale was made and T. J. Topping was tbe best bidder and was declared and reported as tbe purchaser. In this action all interested are parties plaintiffs, including tbe widow, Minerva, Charles A. Campbell (husband of Mattie Y. Campbell) individually, and on motion has been made a party as administrator of bis wife in this Court under Tbe Code, 965.

On notice to Topping, tbe purchaser, to show cause why a summary judgment should not be entered against him for tbe amount of tbe purchase money now due, be responds that be can not get a good title to tbe land under a decree of tbe Court confirming said sale, and a deed made by its commissioner under its direction: (1), Because, by reason of Campbell’s name not appearing in tbe body of tbe deed, his wifeis interest did not pass to Brinn, that it was not their deed. (2), Because Campbell, on tbe death of bis wife, acquired an interest in her estate, and will be entitled to share in tbe distribution of tbe proceeds of tbe sale if confirmed. There is no question raised as to tbe interest of any other of tbe parties interested.

*726 There is no force in the respondent’s contention. Without in any manner considering the regularity or irregularity of the deed to Brinn, the plaintiffs, including the widow, the children of Mattie v., her husband individually, and as her administrator, are concluded and will be estopped effectually by a foreclosure decree in this action and deed thereunder, as to all material questions presented in this record.

Topping has no interest in the question presented by his second reason for refusing to pay his note for the land. He gets a good title, and it is immaterial to him where the money goes. The Court, after collecting the proceeds of sale, will see that they are properly distributed.

By consent the facts above stated were found . by the Court. We see no reason why the plaintiffs should not have judgment in their favor.

Reversed.

Reference

Full Case Name
MINERVA v. WILKINSON, Et. Als., v. WILLIAM R. BRINN and Wife, Sallie Brinn
Cited By
4 cases
Status
Published