Houston v. . Bogle
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Lincoln County, at the Fall Term 1848, his Honor Judge Moore presiding, to the Supreme Court at Morganton, and thence transferred, at August Term 1849, to the Supreme Court at Raleigh. This was an action of trespass vi et armis, brought to recover damages for wrongfully taking and selling a number of slaves. The material facts of the case are these.
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Appeal from the Superior Court of Law of Lincoln County, at the Fall Term 1848, his Honor Judge Moore presiding, to the Supreme Court at Morganton, and thence transferred, at August Term 1849, to the Supreme Court at Raleigh. This was an action of trespass vi et armis, brought to recover damages for wrongfully taking and selling a number of slaves. The material facts of the case are these. The plaintiff offered in evidence a deed of trust, executed by one William L. Davidson, conveying the negroes ' in controversy to him, for the purpose of securingh, large debt, which the said William L.…
1Opinion of the Court
Pearson, J
The act of 1840 ch. 28. sec. 4. enacts, that no gift, by one indebte.d, shall be hereafter taken and held to be fraudulent and void in law; property at the time fully sufficient and available for the satisfaction of all of his then creditors being retained by such donor.
Avery interesting question, upon the construction of this statute, was decided in the Court below, and was ably argued in this Court. Are the debts for which the donor is bound, as surety, to be taken into the estimate, in ascertaining the amount of his indebtedness at the time of the gift, and if so, is the property…
Also in this document: Per curiam.
2Cited by16 opinions
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