Nixon v. . McKinney
Supreme Court of North Carolina
This was an Action for the Possession of Land, brought against the defendant McKinney, tenant in possession, and defended by his landlord, T. B. Rollins. It was tried at November Term, 1889, of the Superior Court of Harnett County, before Armfield, J. The issues and responses were: 1. Was the deed from C. H. Cofield to T. B. Rollins made to hinder, delay, or defraud creditors of C. H. Cofield? Ans.
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This was an Action for the Possession of Land, brought against the defendant McKinney, tenant in possession, and defended by his landlord, T. B. Rollins. It was tried at November Term, 1889, of the Superior Court of Harnett County, before Armfield, J. The issues and responses were: 1. Was the deed from C. H. Cofield to T. B. Rollins made to hinder, delay, or defraud creditors of C. H. Cofield? Ans. Yes. 2. Was T. B. Rollins a purchaser of the land in controversy for value, and without notice of any fraud in said purchase? Ans. Yes. 8. Is plaintiff the owner in fee of said land and entitled to…
1Opinion of the CourtAvery, J.
after stating the facts: It is not necessary to pass upon the exception to so much of the deposition of C. H. Cofield, the bargainor in the deed alleged to be fraudulent, as bears upon the question of his good faith in executing it. The finding of the jury in response to the first issue, that it was made to defraud his creditors, eliminates from this discussion the competency of testimony that was palpably harmless unless the answer to that issue had been “ No.”
The deposition of Cofield was offered for the defendants, and omitting all that was the subject of exception, his testimony, that he…
2Cases cited2 opinions
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3Cited by9 opinions
- State v. . KingSupreme Court of North Carolina · 1944
- State v. KingSupreme Court of North Carolina · 1944
- Johnson v. MassengillSupreme Court of North Carolina · 1972
- Hall v. HollomanSupreme Court of North Carolina · 1904
- Tillotson v. . CurrinSupreme Court of North Carolina · 1918
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