Stone v. . Marshall
Supreme Court of North Carolina
This was an action of trover, tried before Caldwell, J"., at Fall Term, 1859, of 'Stanly Superior Court. The plaintiff declared for the conversion of three negroes and a wagon.
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This was an action of trover, tried before Caldwell, J"., at Fall Term, 1859, of 'Stanly Superior Court. The plaintiff declared for the conversion of three negroes and a wagon. The plaintiff offered, in evidence, and proved the execution of a deed of trust bearing date the 7th of March, 1856, from one John Stoker, conveying to him all his property, including the three negroes and wagon in controversy, to secure the payment of a number of debts set forth in said deed of trust, of various amounts, and due to different persons, amounting to about three thousand dollars, the most of which were…
1Opinion of the CourtManly, J.
If a conveyance be made upon several -considerations alike moving the maker, one of which is against law, the whole is void. But, if the consideration be good, and there is attached to the convejmnce several conditions or trusts, separate and independent of each other, some of which are good, and some bad, the deed will be supported as to the good. The difference is, that every part of the deed is induced and affected by the illegal consideration; but when the consideration is not thus tainted, but some of the conditions only are illegal, the illegality of the bad does not contaminate the…
2Cited by5 opinions
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- Oklahoma Nat. Bank v. CobbSupreme Court of Oklahoma · 1915
- Johnson v. . MurchisonSupreme Court of North Carolina · 1864
- Blair v. . BrownSupreme Court of North Carolina · 1895
- Hafner v. . IrwinSupreme Court of North Carolina · 1841