Clement v. . Cozart
Supreme Court of North Carolina
Civil ACTION, tried on complaint and demurrer, before Boykin, J., at the April Term, ] 891, of the Superior Court of GraNville Countju The plaintiff alleged— 1. That Amos Gooch, late of said county of Granville, died intestate in said county in the month of March, 1885. 2. That on the 16th of March, 1885, plaintiff was duly appointed and qualified as administrator upon said intestate's estate. 3. That on the 1st of September, 1877, the defendants Thomas I. Smith and James C.…
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Civil ACTION, tried on complaint and demurrer, before Boykin, J., at the April Term, ] 891, of the Superior Court of GraNville Countju The plaintiff alleged— 1. That Amos Gooch, late of said county of Granville, died intestate in said county in the month of March, 1885. 2. That on the 16th of March, 1885, plaintiff was duly appointed and qualified as administrator upon said intestate's estate. 3. That on the 1st of September, 1877, the defendants Thomas I. Smith and James C. Cozart and John G. Harris, for a valuable consideration, executed and delivered to plaintiff’s said intestate, Amos…
1Opinion of the CourtDavis, J.
after stating the case as above,proceeded:
1. The first ground of demurrer is based upon the fact, as appears in the complaint, that the debt of the plaintiff was not contracted until some time after the deed from James C. Cozart to his son-in-law was executed, and the deed ould not, therefore, be embraced by the statute of frauds, The Code, § 1545, which makes void fraudulent gifts, grants, etc., “only as against that person, his heirs, executors and assigns, whose •debts, accounts, damages, penalties and forfeitures, by such fraudulent or covinous devices and practices aforesaid, are, shall…
2Cases cited2 opinions
- Pelletier v. . SaundersSupreme Court of North Carolina · 1872
- Clement v. . CozartSupreme Court of North Carolina · 1890
3Cited by3 opinions
- Creech v. . WilderSupreme Court of North Carolina · 1937
- Nye v. OatesCourt of Appeals of North Carolina · 1989
- Messick v. Fries.Supreme Court of North Carolina · 1901