But  whether  this  view  be  correct  or  not,  we  do  not  find
ourselves  justified  in  declaring  that  the  plaintiff  has  estab-
lished her  case;  and  therefore,  we  direct  the  bill  to  be  dis-
missed— ^but  we  do  not  give  the  defendants,  or  any  of  them,
a  decree  for  costs.
Per  Curiam.  Decree  that  the  bill  be  dismssed,

but  without  costs  to  any  party.
SUPREME  COURT  OF  NORTH  CAROLINA.  163

JOHN  B.  LOVE  M.  SALLY  BELK  et  H.  Dec.  1840


A.  told  to  B.  (of  whom  the  defendants  are  hein)  a  tract  of  land  for  a
certain  coosiderationy  reeeiTed  the  consideration,  and  signed »  sealed
and  dellTcied  a  deed  for  the  land  to  B.  in  fee  simple.  Before  the
deed  was  registered  or  proved,  A.  and  B.  rescinded  their  contract.—

A.  returned  to  B.  the  consideration  he  had  received,  and  B.  promised
to  re-delirer  the  deed  to  him,  bat  did  not  do  so.  A.  then  sold  the  land
to  C.  (the  present  plaintiff,)  and  made  him  a  proper  conveyance  for  it,

B.  dying  soon  after,  his  heirs  caused  the  deed  to  him  to  be  proved  and
registered,  bronght  a  snit,  and  ejected  C,  ont  of  his  possession.
Beld  by  the  court  that  A.  and  B.,  before  the  deed  was  perfected  by  pro-
bate and  registration,  had  a  right  to  rescind  their  contract;  and  that  if,
a(\er  this  was  done,  B.  or  his  heirs  caused  the  deed  to  be  proved  and
registered,  it  was  a  fraud  upon  A.  or  his  subsequent  assignee,  and
that  the  heirs  should  stand  as  trustees  for  such  assignee,  and  l>e  oom-
pelJed  to  convey  to  him  their  legal  title.
