Cowles v. . Coffey
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 1882, of Watauga Superior Court, before Avery, J. This action was begun on the 22d day of March, 1877. It is brought to recover the possession of land the title of which is claimed by both parties, as derived under one D. C. McCanless. The plaintiff claims under a judgment and execution against the said McCanless and a sheriff's deed conveying the land as his property.
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EJECTMENT tried at Spring Term, 1882, of Watauga Superior Court, before Avery, J. This action was begun on the 22d day of March, 1877. It is brought to recover the possession of land the title of which is claimed by both parties, as derived under one D. C. McCanless. The plaintiff claims under a judgment and execution against the said McCanless and a sheriff's deed conveying the land as his property. The sale took place on the 16th day of November, 1859, one Deal being the sheriff of the county. The plaintiff was the purchaser, but took no deed at the time; nor until the 6th day of May, 1876,…
1Opinion of the CourtRuffin, J.
It is the well settled law of this state, that a fraudulent deed is void to all intents, as well when attempted to be set up as color of title, as when offered as title itself, and that no length of possession under it will have the effect, under the statute of limitations, to bar a creditor of the grantor. Hoke v. Henderson, 3 Dev., 12; Dobson v. Erwin, 4 Dev. & Bat., 201; Flynn v. Williams, 7 Ired., 32.
The same authorities are direct also to the poiut, that so soon as a sale by a creditor under an execution takes place, then such deed, though previously inoperative, begins to operate as…
2Cases cited1 opinion
- Woodley v. . GilliamSupreme Court of North Carolina · 1872
3Cited by5 opinions
- McCullen v. DurhamSupreme Court of North Carolina · 1948
- McCullen v. . DurhamSupreme Court of North Carolina · 1948
- Smythe v. HenryU.S. Circuit Court for the District of Western North Carolina · 1890
- Oliver v. PullamU.S. Circuit Court for the District of Western North Carolina · 1885
- North Carolina Joint Stock Land Bank of Durham v. BlandSupreme Court of North Carolina · 1949