Murchison v. . Fogleman

Allen, J. The issue submitted to the jury arises upon the pleadings, and if determinative of the rights of the parties, and sufficient to sustain the judgment, the other exceptions become immaterial, because the plaintiffs could not be benefited by the registration of the deed under which they claim, if the judgment deprived them of title, and the failure to submit air issue raised by the allegations of the answer, asking for affirmative relief, would not be prejudicial to the plaintiffs, and that the issue is determinative and sufficient, is decided in Ray v. Long, 132 N. C., 892, which is approved in Stalcup v. Stalcup, 137 N. C., 307. In the Ray case the only issue submitted to the jury, “Was purchase money paid for the land in controversy furnished equally by Elizabeth A. Ray from her separate estate and by II. M. Ray to procure a home for said II. M. Ray and wife ?” is in substance the same as the one in this action, and as to the sufficiency of the issue the Court says: “This issue was objected to ,as insufficient by the defendant, who tendered seven different issues. We think that the issue as. submitted was sufficient in form and substance to present every material fact necessary to a determination of this case.” And as to its effect! “We come now to the legal effect of the verdict. The jury have found .upon competent evidence and under proper instructions that the purchase money for the land in question was furnished equally by the plaintiffs, who are husband and wife, for the purpose of procuring a home for them. “When thé case was here before, it was held that, with or without an agreement, if the wife’s money went into the purchase of the land, a resulting trust was created whereby the husband became a trustee for his' wife to the extent of her interest. *401 Under the facts as now found, the wife had a right to demand a conveyance jointly to herself and her husband; and she would now have a right to have the deed reformed so as to give full force and effect to her equities. This is the practical result of th'e judgment in this case, certainly as between the parties. The effect will be to create an estate in entireties, in which the parties will hold, in the ancient language of the law, per tout et per my.” It has also been settled since the case of Motley v. Whitemore, 19 N. C., 537, that in such estates, conveyed to husband and wife, the rule of survivorship prevails, and as Mrs. Murchison survived her husband, the whole estate vested in.her, and descended to her heirs. No error.