Phifer v. . Erwin
Supreme Court of North Carolina
Civil actioN, tried before MacRae, J., at Pall Term, 1887, ■of the Superior Court of Mecklenburg. On the 25th day of December, 1882, W. H. D. Wager bought a stock of goods from M. E. Crowell, for which he gave his note for $1,910.18, payable on the 20th day of February following, and to secure the same, as also a debt of .about $300, due by account, reconveyed the same by deed of mortgage to said Crowell.
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Civil actioN, tried before MacRae, J., at Pall Term, 1887, ■of the Superior Court of Mecklenburg. On the 25th day of December, 1882, W. H. D. Wager bought a stock of goods from M. E. Crowell, for which he gave his note for $1,910.18, payable on the 20th day of February following, and to secure the same, as also a debt of .about $300, due by account, reconveyed the same by deed of mortgage to said Crowell. The latter, on October 10th, 1883, assigned the debt and the mortgage security to the plaintiff. On-October 15th, five days after the assignment, certain creditors of Wager, who had…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The controversy is confined to the disputed efficacy of the mortgage executed 'by Wager to Crowell, which the defendant assails as fraudulent and void, as to the executions sued out against the property of the judgment debtor, in which inquiry the bona fides of the assignment does not-enter, as there is no judgment upon any indebtedness of Crowell, the assignor, of which his creditors alone can complain.
The only question arises, under the first issue, as to the plaintiff’s title, and that depends on the validity of the deed of W ager. Upon the former…
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