void grant in part — common law vs statute
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 34 U.S. 663 - Elisha Winn v. William Patterson · 1835Most cited · 30 citing opinions
the statute is like a tyrant; where he comes, he makes all void: but the common law is like a nursing father, and makes void only that part where the fault is, and preserves the rest... at the common law, in order to make a grant void in toto for fraud or covin, the fraud or covin must infect the whole transaction, or be so mixed up in it as not to be capable of a distinct and separate consideration.