Young v. Lathrop
Supreme Court of North Carolina
This was a civil action brought in the Superior Court of Granville county for the recovery of a tract of land, and for damages for the detention of it. The answ.er denied the ownership of the plaintiff and claimed that the title as well as the possession was in the defendant. By an order of the Court the case was referred to the Hon. William H. Battle, as a referee, to decide upon the issues of fact and law made by the pleadings.
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This was a civil action brought in the Superior Court of Granville county for the recovery of a tract of land, and for damages for the detention of it. The answ.er denied the ownership of the plaintiff and claimed that the title as well as the possession was in the defendant. By an order of the Court the case was referred to the Hon. William H. Battle, as a referee, to decide upon the issues of fact and law made by the pleadings. At the August Term, 1871, the referee made the following report: This action having- been referred to me by an order elated the-day of July, 1871, to hear and decide…
1Opinion of the CourtPearson, C. J.
The point is this. A debtor makes a volun*69tary deed of land for the benefit of himself, with an intent to defraud his creditors. Afterwards a creditor takes out execution upon a judgment against the debtor for a pre-existing debt and puts it into the hands of the Marshal. A fterwards the fraudulent grantee, for a valuable consideration and a full price, makes a bona fide sale, and executes a deed to the defendant for the land, the defendant having no notice of the fraud and covin between the debtor and the grantee. This sale and deed were subseq%i,ent to the teste ot the execution. Afterwards…
2Cases cited1 opinion
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
3Cited by9 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Cox v. Wall.Supreme Court of North Carolina · 1903
- Davis v. . CouncilSupreme Court of North Carolina · 1885
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