Kreth v. . Rogers
Supreme Court of North Carolina
This is a civil ACTION, tried upon a case agreed before Shipp, /., at Spring Term, 1888, of Wake Superior Court. The parties agreed upon and submitted to the Court the following statement of facts : “On and immediately prior to February 1st, 1887, the plaintiff was the owner of a stock of tailoring goods and tailors’ utensils, and the furniture and fixtures of a merchant tailor’s establishment, in the city of Raleigh ; the goods, &c., being then in a store-house until…
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This is a civil ACTION, tried upon a case agreed before Shipp, /., at Spring Term, 1888, of Wake Superior Court. The parties agreed upon and submitted to the Court the following statement of facts : “On and immediately prior to February 1st, 1887, the plaintiff was the owner of a stock of tailoring goods and tailors’ utensils, and the furniture and fixtures of a merchant tailor’s establishment, in the city of Raleigh ; the goods, &c., being then in a store-house until recently theretofore occupied by the firm of Kreth & Weikel. That on February 1st, 1887, the plaintiff sold all of the goods,…
1Opinion of the Court
Merrimon, J.,
(after stating the case). It was conceded on the argument that the deed of mortgage, under which the plaintiff claims title to the goods in controversy, was not upon its face fraudulent and void in law, but it was contended the facts recited in the deed, and other facts in evidence, raised the presumption of fact that it was fraudulent, and that such presumption had not been rebutted.
If it be granted that such presumption arose, we think there was evidence to rebut it. The deed itself supplied such evidence. The plaintiff sold a stock of goods to the mortgagor on a credit, taking…
2Cases cited2 opinions
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Queen v. . WernwagSupreme Court of North Carolina · 1887
3Cited by12 opinions
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- Brown v. . DailSupreme Court of North Carolina · 1895
- Horner-Gaylord Co. v. FawcettWest Virginia Supreme Court · 1901
- Conaway's Adm'rs v. StealeyWest Virginia Supreme Court · 1897
- Halart, L.L.C. v. Independent Auto Warehouse, Inc. (In Re Twin B Auto Parts, Inc.)United States Bankruptcy Court, E.D. Virginia · 2001
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