Black v. . Sanders
Supreme Court of North Carolina
This was a scire facias before Judge Saunders, at the Fall Term 1853, of Rockingham Superior Court. The plaintiff and one Jane Sanders, mother of the defendant, were co-sureties on a bond of Luther Linder, dated 5th Jan. 1842. Judgment was taken upou this bond ahd satisfied by the plaintiff, before the year 1845, who thereupon instituted a suit against Jane Sanders for contribution, and recovered judgment at Spring Term of Superior Court 1851, for the sum of $595,28 and…
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This was a scire facias before Judge Saunders, at the Fall Term 1853, of Rockingham Superior Court. The plaintiff and one Jane Sanders, mother of the defendant, were co-sureties on a bond of Luther Linder, dated 5th Jan. 1842. Judgment was taken upou this bond ahd satisfied by the plaintiff, before the year 1845, who thereupon instituted a suit against Jane Sanders for contribution, and recovered judgment at Spring Term of Superior Court 1851, for the sum of $595,28 and costs. On the 22nd of October 1845, Jane Sanders executed u deed of gift, for certain negroes to the defendant. To subject…
1Opinion of the CourtPearson, J.
His Honor instructed the jury, that if the donor, at the time the deed of gift was executed, hone ttly believed, that she had property sufficient to satisfy all of her debts then owing, but was in .fact mistaken, and' made the deed of gift without an intent to defraud creditors, it was valid. To this the plaintiff excepts. There is error. Apart from the act of 1840, if there bo an existing debt, and the debtor makes a voluntary conveyance, and afterwards becomes insolvent, so that the creditor must lose his money, or the donor must give up the property, the latter is required to give way; on…
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