Black v. . Baylees
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Cleaveland Superior Court, before Avery, J. The facts are as follows ¡ The plaintiff is a judgment creditor of Benjamin Justice.
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Civil Action tried at Fall Term, 1881, of Cleaveland Superior Court, before Avery, J. The facts are as follows ¡ The plaintiff is a judgment creditor of Benjamin Justice. He issues execution on his judgment, and the sheriff of Cleveland county returned, “No goods,” &c., and the plaintiff alleges that he is informed and believes that the defendant, 'Benjamin Justice, has no property liable to execution, or from which the amount due on said judgment can be made, other than his interest in the lands conveyed by him and his wife (M. J. Justice) to the defendant Baylees, and assigned by means of…
1Opinion of the Court
Ashe, J.,
after stating the ease. The first exception taken by the defendants was to the testimony of the witness Homesly , as to the representations made to him by Benjamin Justice in regard to the sale of the land. This exception, we think, was properly overruled. The very gist of the action is that Mrs. Justice claimed the land from Benjamin Justice, and 'that he by fraudulent representations prevented a fair competition of bidding at the sale, whereby his wife was enabled to buy the land at a grossly reduced price. The evidence was relevant and very material to the inquiry, and therefore…
2Cases cited4 opinions
- Jones v. . JonesSupreme Court of North Carolina · 1879
- Mason v. . McCormickSupreme Court of North Carolina · 1881
- Clark v. . ClarkSupreme Court of North Carolina · 1871
- McComb & Wallace v. N. C. RailroadSupreme Court of North Carolina · 1874
3Cited by8 opinions
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- Beeson v. . SmithSupreme Court of North Carolina · 1908
- Corbett v. CluteSupreme Court of North Carolina · 1905
- Corbett v. . CluteSupreme Court of North Carolina · 1905
- Alex. Sprunt & Sons v. MaySupreme Court of North Carolina · 1911
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