Den on dem. Fullenwider v. Roberts
Supreme Court of North Carolina
This was an action of ejectment for a tract of land, upon which was a valuable gold mine, tried at Lincoln, on the last circuit, before his honor Judge Nash. Upon the trial, many points were raised, and the facts connected with them are fully stated in the record. But as the opinion of this Court turns upon one or two of those questions only,, it will be useless to advert to any facts but those relative to the points on which the case is here decided.
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This was an action of ejectment for a tract of land, upon which was a valuable gold mine, tried at Lincoln, on the last circuit, before his honor Judge Nash. Upon the trial, many points were raised, and the facts connected with them are fully stated in the record. But as the opinion of this Court turns upon one or two of those questions only,, it will be useless to advert to any facts but those relative to the points on which the case is here decided. Both parties claimed under one William Falls, who was seized in fee, and in 1818 conveyed in fee to John Dixon upon the consideration as stated…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case as above, proceeded as follows: The counsel for the defendants contends, that the Court erred in laying down, in the first part of the instructions, that the deed to 'Dixon, if designed to defraud the creditors of Falls, was void as against purchasers from Falls as well as against his creditors; and it is insisted that it was a prejudice to the defendants to leave the case to the jury upon that erroneous and irrelevant proposition.
•But we think the judgment cannot be reversed on that ground. It is generally true, that deeds void by reason of bad…
2Cited by10 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Abernathy v. . R. R.Supreme Court of North Carolina · 1908
- King v. . McRackanSupreme Court of North Carolina · 1915
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
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