Faison v. . Hardy

Citations

• 19 S.E. 701
• 114 N.C. 429

Syllabus

<p>Jurisdiction — Removal of Causes — Separable Controversy.</p> <p>1. Where the object of an action is to set up. a parol trust in favor of the plaintiff and to declare him the equitable owner of the interest of the trustors in a deed of trust and to have an account stated of the indebtedness secured by the deed of trust to the end that he may pay the same and obtain a fee-simple title to the property and to enjoin a sale under the .deed, the plaintiff and trustors being citizens of North Carolina and the trustee and creditors being citizens of Virginia, the case is one where the matters in controversy are not separable, inasmuch as the issues as to the parol trust must be tried in the Courts of this State and the necessity for an account cannot be determined until the trial of those issues.</p> <p>2. In such case the fact that the North Carolina defendants have not filed an answer is immaterial.</p>