Weaver v. . Chunn
Supreme Court of North Carolina
Registration — Deeds in Trust — Mortgages—Purchasers— Domicile. This was a civil ACTION, tried before Graves, J, at March Term, 1887, of -Buncombe Superior Court.
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Registration — Deeds in Trust — Mortgages—Purchasers— Domicile. This was a civil ACTION, tried before Graves, J, at March Term, 1887, of -Buncombe Superior Court. The material facts of the case are these: M. W. Robertson was, on and prior to the 3d day of December, 1884, and ever afterwards, indebted to Wallace Bros, in the sum of $1,265.79, due by note of that date, and on that day he executed to the defendant a deed in trust, to secure the payment of the note mentioned, whereby he purported to convey to the defendant, for the purpose mentioned, his certain 'stock of goods, situate in his…
1Opinion of the Court
Merrimon’, J.,
(after stating the case). All the evidence produced on the trial, bearing upon that point, tended to prove that the maker of both the deeds of trust in question resided in the County of Buncombe, and that he conducted his principal business in that county, while he conducted a branch of it in the County of Yancey. Under appropriate instructions from the Court, the jury found the fact so to be, and it must be so accepted for the purposes of this action.
The statute (The Code, § 1254,) provides that, “ no deed of trust, or mortgage for real or personal estate, shall be valid at law…
2Cases cited3 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
3Cited by9 opinions
- Bank of Colerain v. CoxSupreme Court of North Carolina · 1916
- Sheffield v. WalkerSupreme Court of North Carolina · 1950
- Montague Bros. v. W. C. Shepherd Co.Supreme Court of North Carolina · 1950
- Harris v. . AllenSupreme Court of North Carolina · 1889
- In re FranklinDistrict Court, E.D. North Carolina · 1907
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