Durant v. . Crowell
Supreme Court of North Carolina
Motion for a receiver pendente lite, in a civil action, pending in the Superior Court of Union county, heard before Graves, Judge, at Chambers, at Shelby, on October- 26th, 1886. The plaintiffs allege, that in 1854, Jackson C. Lemmond and others, owners of the land in controversy, conveyed it for the consideration of $25,000, to Charles Judson and W. F. Durant, in fee, in trust for themselves and their associates.
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Motion for a receiver pendente lite, in a civil action, pending in the Superior Court of Union county, heard before Graves, Judge, at Chambers, at Shelby, on October- 26th, 1886. The plaintiffs allege, that in 1854, Jackson C. Lemmond and others, owners of the land in controversy, conveyed it for the consideration of $25,000, to Charles Judson and W. F. Durant, in fee, in trust for themselves and their associates. That in June, 1857, said trustees, for the consideration of $1.00, conveyed the said land to Robert Taylor, in fee, and on the same day, the said associates, for the consideration…
1Opinion of the Court
Davis, J.,
(after stating the facts). Without considering in detail the voluminous evidence contained in the record, it appears from the mortgage deed, executed by Taylor to Durant on the 6th day of July, 1857, that the land in controversy was conveyed to the said Durant to secure the payment of $23,170, borrowed, and from the evidence, this was largely more than the agricultural value of the land, and though it was of considerable value for mining purposes, it was much more than the value of a life estate therein.
This inherent fact, and the affidavit of Taylor, who executed the mortgage deed,…
2Cases cited3 opinions
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