Cheatham v. . Hawkins
Supreme Court of North Carolina
Mortgage of Personal Property — Possession of Mortgagor — Presumptive Fraud. Civil AotioN tried at a Special Term of GRANVille Superior Court, (held in August, 1876,) before Seymour, J. The plaintiff was a judgment creditor of the defendant Walter C. Harris, and brought this suit to set aside a mortgage deed executed by said Harris to the defendants W. J... and C. M. Hawkins, upon the ground that said deed was upon its face fraudulent and void.
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Mortgage of Personal Property — Possession of Mortgagor — Presumptive Fraud. Civil AotioN tried at a Special Term of GRANVille Superior Court, (held in August, 1876,) before Seymour, J. The plaintiff was a judgment creditor of the defendant Walter C. Harris, and brought this suit to set aside a mortgage deed executed by said Harris to the defendants W. J... and C. M. Hawkins, upon the ground that said deed was upon its face fraudulent and void. It was agreed that His Honor upon hearing the evidence-'should find the facts which are as follows ; The plaintiff obtained judgment by confession…
1Opinion of the CourtBynum, J.
This deed approaches the verge of being fraudulent in law, but is not so. To find fraud, as a matter of lawr, it must so expressly and plainly appear in the deed Itself as to be incapable of explanation by evidence dehors. If the deed of mortgage had expressed that there were oth- or outstanding debts unsecured by the deed and that the property therein conveyed was all, the bargainor possessed, then, with the reservation ©f the possession contained in this instrument, the Court would hold that such a deed was fraudulent and void on its face. But the Court cannot so declare where it is…
2Cases cited1 opinion
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
3Cited by28 opinions
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Brown v. . DailSupreme Court of North Carolina · 1895
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1879
- Davis v. TurnerCourt of Appeals for the Fourth Circuit · 1903
- First National Bank v. LindenstruthCourt of Appeals of Maryland · 1894
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