Morris v. . Pearson
Supreme Court of North Carolina
Civil ActioN to recover Possession of Land, tried at Spring Term, 1877, of WilsoN Superior Court, before Kerr, X The case states that in January, 1866, one Robert Williams executed to the plaintiff, who was his brother-in-law, a deed in trust conveying the land in dispute to secure the debts therein mentioned, to wit, one debt of $2000 to Polly Morgan, the mother of the grantor, one note for $500 in favor of S. II.
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Civil ActioN to recover Possession of Land, tried at Spring Term, 1877, of WilsoN Superior Court, before Kerr, X The case states that in January, 1866, one Robert Williams executed to the plaintiff, who was his brother-in-law, a deed in trust conveying the land in dispute to secure the debts therein mentioned, to wit, one debt of $2000 to Polly Morgan, the mother of the grantor, one note for $500 in favor of S. II. Morris, one for $625 in favor of John Morris, being the purchase money for the land, and other small claims amounting to about $80. It appeared from the evidence that the debt…
1Opinion of the CourtRodman, J.
The only question which it is necessary to decide in this case is this: Whether the deed made by Williams to the plaintiff was void because it attempted to secure a fictitious debt to Polly Morgan, the other debts secured being valid and 'bona fide and when neither the trustee {the plaintiff) nor any of the creditors provided for, participated in, or had any knowledge of the fraudulent purpose of the grantor?
The defendant purchased for value, but he cannot say that he purchased without notice, for the registration of the deed to the plaintiff was notice. That is the principal purpose and…
2Cases cited6 opinions
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- Hogan v. . StrayhornSupreme Court of North Carolina · 1871
- Mackintosh v. CornerCourt of Appeals of Maryland · 1871
- H. J. and John McNeill v. . Flora RiddleSupreme Court of North Carolina · 1872
- Carter v. CockeSupreme Court of North Carolina · 1870
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3Cited by15 opinions
- State v. . GibsonSupreme Court of North Carolina · 1915
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Harvey Blair & Co. v. BrownSupreme Court of North Carolina · 1895
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