Lemmond v. . Peoples
Supreme Court of North Carolina
Cause removed from the Court of Equity of Mecklenburg County, at the Spring Term I84S. On the 26th of February 1844, William Query conveyed to the defendants a negro woman, named Linny, and her child, Mary, about six years old. The consideration expressed in the deed was $600. Soon afterwards he also conveyed to them a piece of land, containing 12 acres, for the consideration, as expressed, of @36. Both deeds are absolute on their faces and contain warranties.
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Cause removed from the Court of Equity of Mecklenburg County, at the Spring Term I84S. On the 26th of February 1844, William Query conveyed to the defendants a negro woman, named Linny, and her child, Mary, about six years old. The consideration expressed in the deed was $600. Soon afterwards he also conveyed to them a piece of land, containing 12 acres, for the consideration, as expressed, of @36. Both deeds are absolute on their faces and contain warranties. In September, 1846, Query died intestate, and the plaintiffs administered on his estate, and in November 1847, filed this bill. It…
1Opinion of the CourtRuffin, C. J.
There is but little difficulty, we think, in understanding, that, although there was not a trust to procure actual "and open emancipation, the conveyance of the negroes was made upon a secret trust and confidence, tha’ the defendants hold them in. what has been called, a qualified state of bondage — that is, that the donees, as expressed in Huckaby v. Jones, 2 Hawks 120, were to consult the benefit of the negroes and not their own emolument. Sucha trust, when ascertained, must be pronounced illegal, as has been frequently decided ; and, as it cannot be executed as intended and is unlawful, it…
Also in this document: Per curiam.
2Cited by2 opinions
- Haywood v. . CravenSupreme Court of North Carolina · 1816
- McAuley v. . WilsonSupreme Court of North Carolina · 1828