Hogan v. . Strayhorn
Supreme Court of North Carolina
This was a civil action to recover a tract of land, submitted to his Honor, Judge Tourgee, in the Superior Court of Orange County, in January, 1870, upon a case agreed. Calvin G. Strayhorn was the owner of the land in question, and both parties claim title under him.
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This was a civil action to recover a tract of land, submitted to his Honor, Judge Tourgee, in the Superior Court of Orange County, in January, 1870, upon a case agreed. Calvin G. Strayhorn was the owner of the land in question, and both parties claim title under him. He became a bankrupt, and on the 4th of May, 1868, all his interest in the • land was conveyed to his assignee, E. B. Lyon, who on the 26th day of February, 1869, sold and conveyed it to the plaintiff, John T. Hogan, who claims it under that deed. Prior to the time when the said Strayhorn became a bankrupt, to-wit: on the the…
1Opinion of the CourtPeaesoh, C. J.
The plaintiff derives, title from the Assignee in bankruptcy, who represents the creditors of Calvin Strayhorn. To resist a recovery it is necessary for the defendant to maintain two positions:
1. The deed of Calvin Strayhorn to Laws passed the title.
2. The deed makes a valid declaration of trust.
As to the first, the objection to the deed is, that it is not supported by a valuable consideration from Laws to Calvin Strayhorn. Treating it as a deed of bargain and sale, this ■objection would be fatal; but under the maxim, ut res magis valeat guam pereat, an instrument which can not have effect in…
2Cited by20 opinions
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- Taylor v. . EatmanSupreme Court of North Carolina · 1885
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
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