Justice v. . Scott
Supreme Court of North Carolina
Appeal from an -interlocutory order of the Court of Equity of Craven County, at the Fall Term, 1845, his Honor Judge Battle presiding, which order directed the dissolution of the injunction, theretofore obtained in the cause.
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Appeal from an -interlocutory order of the Court of Equity of Craven County, at the Fall Term, 1845, his Honor Judge Battle presiding, which order directed the dissolution of the injunction, theretofore obtained in the cause. The case, as presented by the pleadings, was this : On the 8th of April, 1834, the defendant, Bryan Jones, conveyed to the other defendant, Scott, sundry pieces of land, a stock of merchandize, and several slaves, including two, named llenry and John ; in trust to sell, and out of the proceeds of sale, pay a debt for $910, due from the grantor to his mother, Sarah Jones,…
1Opinion of the CourtRuffin, C. J.
The Court is of opinion, that the injunction ought not to have been dissolved, that is, not absolutely. The claim set up for the children of Jones under his settlement may be put out of the way at once. To say nothing of the prima facie fraud in it, as being a voluntary settlement upon his family by one, who, as he now says, was then indebted to his Mother’s estate, and so soon became indebted to others, and insolvent; and, as he says, bankrupt; yet the deed is void for want of due proof and registration. Smith v. Castrix, 5 Ired. 519. We collect from the answer of Scott, that it was in…
Also in this document: Per curiam.
2Cited by2 opinions
- Cook v. BennettCourt of Appeals of Kentucky · 1925
- In re Dimock, New York County Courts1895