Stoneburner v. Jeffreys
Supreme Court of North Carolina
This was an action brought to set aside the deed in trust, and tried before Armfield, J., and a jury, at Fall Term, 1894, of the Superior Court of EdgeooMee County. The plaintiffs offered in evidence the deed of trust; a note admitted to be owing to one of the plaintiffs, Carhart & Bros., by the said Jeffreys, for the sum of $302.00, and not paid and not named in the trust or assignment.
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This was an action brought to set aside the deed in trust, and tried before Armfield, J., and a jury, at Fall Term, 1894, of the Superior Court of EdgeooMee County. The plaintiffs offered in evidence the deed of trust; a note admitted to be owing to one of the plaintiffs, Carhart & Bros., by the said Jeffreys, for the sum of $302.00, and not paid and not named in the trust or assignment. The plaintiffs then rested their case, insisting that the trust or assignment was fraudixlent- in law. It was admitted that the preferred debts in the assignment were bonct fide. The defendants then offered…
1Opinion of the Court
Avery, J.:
The contention of the plaintiffs’ counsel upon which he mainly vested his argument was that the court below erred in refusing to charge the jury that the deed of assignment was fraudulent in law. It is like threshing over old straw to draw at length the distinctions between an assignment that is void upon its face, one, the language of which raises a presumption of fraud and one of *83the third class, when, there being nothing in the instrument itself to so suggest fraud as to demand explanation, the presumption of law in favor of good faith sustains the instrument till proof is…
2Cases cited6 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Beasley v. . BraySupreme Court of North Carolina · 1887
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Southern Commission Co. v. PorterSupreme Court of North Carolina · 1898