Legal Opinion

Gorrell v. Alspaugh

Supreme Court of North Carolina

Decided February 15, 1897PublishedCited by 36 opinions

Civil, actioN, tried before Hoke, J., and a jury, at January, 1897, Special Term of Foesyth Superior Court. The facts appear in the opinion. In deference to the opinion of his Honor, the plaintiffs submitted to non-suit and appealed.

1Opinion of the Court

Douglas, J.:

This is a suit by the creditors of Alspaugh to subject to the payment of Alspaugh’s debts certain land conveyed to Hine by Alspaugh, as administrator of Gr. "W. Norwood, by deed in fee dated January 16, 1881, and recorded in 1893. The plaintiffs allege that while this deed was in form an absolute deed, it was, in fact, merely a security for money advanced by Hine to Alspaugh; and that Hine was never in truth the purchaser of the property, having never paid one dollar of the consideration recited in the deed, but that the same was paid by Alspaugh; that the deed was made upon the…

2Cases cited16 opinions

  1. Shields v. . WhitakerSupreme Court of North Carolina · 1880
  2. Faw v. WhittingtonSupreme Court of North Carolina · 1875
  3. Shelton v. . SheltonSupreme Court of North Carolina · 1859
  4. Fortune v. . WatkinsSupreme Court of North Carolina · 1886
  5. Hammar v. City of CovingtonCourt of Appeals of Kentucky · 1861

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3Cited by36 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
  3. Avery v. . StewartSupreme Court of North Carolina · 1904
  4. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  5. May v. Getty.Supreme Court of North Carolina · 1905

31 more not listed; retrieve them via the Exa API.

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