Bobbitt v. . Rodwell
Supreme Court of North Carolina
This was a civil action, heard upon a case agreed, a trial by jury having been waived, at the September Term, 1889, of the Superior Court of WarreN County, before Boykin, J. His Honor held that the deed in trust was fraudulent and void, and gave judgment as follows: “ This cause having been heard upon the facts agreed upon and filed, and upon the deed of trust mentioned and described in the complaint and embraced in the case agreed, a jury having been waived by the parties,…
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This was a civil action, heard upon a case agreed, a trial by jury having been waived, at the September Term, 1889, of the Superior Court of WarreN County, before Boykin, J. His Honor held that the deed in trust was fraudulent and void, and gave judgment as follows: “ This cause having been heard upon the facts agreed upon and filed, and upon the deed of trust mentioned and described in the complaint and embraced in the case agreed, a jury having been waived by the parties, it is considered by the Court that the plaintiff take nothing by his said suit, that the defendants go without day, and…
1Opinion of the CourtAvKR'r, J.
after stating the facts: The defendant contends that the deed appears, upon its face, to have been made and intended to secure the ease and comfort of the debtor, and that, therefore, there was no error in the ruling of the Court below that the plaintiff, who, as the assignee, claimed under it, could not recover. It is insisted that the provision that the assignee should be empowered to sell the goods on a credit was evidently intended to hinder, delay and defraud creditors, and that the clause reserving “the sum of five hundred dollars as exemption” was clearly inseited for the ease of the…
2Cases cited12 opinions
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Beasley v. . BraySupreme Court of North Carolina · 1887
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barber v. . BuffaloeSupreme Court of North Carolina · 1892
- Davis v. B. J. Smith & Co.Supreme Court of North Carolina · 1893
- Booth v. . CarstarphenSupreme Court of North Carolina · 1890
- Stoneburner v. JeffreysSupreme Court of North Carolina · 1895
- Eigenbrun v. . SmithSupreme Court of North Carolina · 1887
6 more not listed; retrieve them via the Exa API.