Doe on Demise of Brannock v. Brannock
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rockingham County, at the Spring Term 1849, his Honor Judge Dick presiding. This is an action of ejectment, to recover the possession of the tract of land set forth in the plaintiff’s declaration : both parties claimed under Thomas Thompson. The defendant claimed under a deed of trust, duly executed and registered in the register’s office of Rockingham County.
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Appeal from the Superior Court of Law of Rockingham County, at the Spring Term 1849, his Honor Judge Dick presiding. This is an action of ejectment, to recover the possession of the tract of land set forth in the plaintiff’s declaration : both parties claimed under Thomas Thompson. The defendant claimed under a deed of trust, duly executed and registered in the register’s office of Rockingham County. The plaintiff claimed under a sheriff’s deed, founded on judgments and execulions, levies and sale duly made by the sheriff. It is admitted by the parties, that among the debts secured under the…
1Opinion of the CourtPearson, J.
The only question is, whether a deed of trust is void, which was made to secure several debts due t.o different individuals, some of which debts are usurious ? It is not void. The estate passed, and is a security for the debts not tainted with usury. The declarations of trust, only in reference to the usurious debts, are void.
In Shober v. Hauser, 4 Dev. & Bat. 91, it is held that a deed of trust, made to secure a usurious debt, is void; in that case there was but one debt secured, which debt being usurious, the deed could only operate as an “assurance for a usurious debt,” and was properly…
Also in this document: Per curiam.
2Cited by2 opinions
- Brown & Co. v. NimocksSupreme Court of North Carolina · 1899
- Sutton v. BessentSupreme Court of North Carolina · 1903