Davis v. B. J. Smith & Co.
Supreme Court of North Carolina
Civil actiox to set aside as fraudulent a deed of assignment made by the defendants to E. H. Meadows, and to recover the indebtedness due the plaintiff by the defendants, tried before Hoke, J., and a jury, at May Term, 1893, of CraveN Superior Court. The assignee, E. IT. Meadows, and J. A. Meadows, a preferred creditor, were made parties defendants.
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Civil actiox to set aside as fraudulent a deed of assignment made by the defendants to E. H. Meadows, and to recover the indebtedness due the plaintiff by the defendants, tried before Hoke, J., and a jury, at May Term, 1893, of CraveN Superior Court. The assignee, E. IT. Meadows, and J. A. Meadows, a preferred creditor, were made parties defendants. The complaint, after setting out the indebtedness of the defendants to the plaintiff at the time of the assignment, alleged: “5. That neither B. J. Smith & Co. nor D. W. Smith owed to the defendants named in Class II. of preferences in said deed…
1Opinion of the Court
Avery, J.:
The exceptions raise three questions — (1) whether there was any evidence to support the finding upon the first issue, which alone was submitted to the jury; (2) whether the admitted facts shifted the burden of proof from the plaintiffs to the defendants by raising a presumption that the deed of assignment was fraudulent; (3) whether there was error in refusing the motion of the plaintiffs for judgment upon the verdict.
If it plainly appears upon the face of a deed of assignment that it was executed not in good faith, but for the purpose of securing the ease and comfort of the…
2Cases cited4 opinions
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Bobbitt v. . RodwellSupreme Court of North Carolina · 1890
- Barber v. . BuffaloeSupreme Court of North Carolina · 1892
- Eigenbrun v. SmithSupreme Court of North Carolina · 1887
3Cited by8 opinions
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Kirkwood v. PedenSupreme Court of North Carolina · 1917
- Haynes v. HoffmanSupreme Court of South Carolina · 1896
- Kirkwood v. . PedenSupreme Court of North Carolina · 1917
- Armstrong v. . CarrSupreme Court of North Carolina · 1895
3 more not listed; retrieve them via the Exa API.