Wayne County NcArchives Court.....W.H. Arrington, Pattie D.B. Arrington V. 1894
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 6, 2009, 8:48 am

Source: North Carolina Reports February Term
Written: 1894

Pattie D.B. Arrington v. W.H. Arrington

Action for Recovery of Land - Pleading - Proof - Husband and Wife - 
Presumption of Gift

1. Where the complaint in an action to recover land alleges title and right of 
possession in the plaintiff, proof that plaintiff is the owner of the equity 
of redemption in the land will permit a recovery as against a mere trespasser.

2. Where a husband with his own money purchases and improves land, putting the 
title in the wife, there is no resulting trust in favor of the husband, but a 
gift to the wife, both of the land and the improvements, is presumed from the 
relation of the parties.

3. In an action to recover land the plaintiff must have the right to the 
possession not only at the institutions of the suit but at the time of the 
trial also; hence, in the trial of such an action, where it appeared that the 
plaintiff had at the commencement of the action only an equity of redemption 
in the land, it was error to exclude testimony tending to show that between 
the commencement of the action and the trial the plaintiff had lost her 
equitable title.

Action to recover possession of land, commenced in Wayne County and removed by 
consent to Nash, where it was heard at the November Term, 1893, before Hoke, 
J., and a jury. There was a verdict and judgment for the plaintiff, and the 
defendant appealed.

Messrs. F.S. Spruill and E.W. Timberlake for defendant (appellant)
No cousel contra

[NC Supreme Court]
Burwell, J. 
New Trial


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