Ferree v. . Cook
Supreme Court of North Carolina
ActioN of claim and delivery, tried at July, 1895, Special Term of Guilford Superior Court, before Boyhin, B., and a jury. The action was brought by the plaintiffs, claiming to be the owner and to have right of recovery of the property named in the complaint, under a bill of sale made to them by one L. F. Ross.
Read the full summary
ActioN of claim and delivery, tried at July, 1895, Special Term of Guilford Superior Court, before Boyhin, B., and a jury. The action was brought by the plaintiffs, claiming to be the owner and to have right of recovery of the property named in the complaint, under a bill of sale made to them by one L. F. Ross. The defendant admitted the taking and holding the same, and justified the same on the ground that said bill of sale was fraudulent and void as to creditors, that he had levied upon and held the property as sheriff, under and by virtue of the authority of three several warrants of…
1Opinion of the Court
Furohes, J.:
This is an action for the possession of personal property, and comes to this Court on the appeal of defendant. Plaintiffs claimed title under a bill of sale bearing date August 15,1893, which defendant alleged was fraudulent, as to creditors under whom he claimed, being intended to hinder and delay the creditors of L. F. Ross from collecting their debts. And further, that this transaction between L. F. Ross and the plaintiffs was not an absolute sale, but in fact an assignment to secure plaintiffs as his sureties, and was, therefore, a fraud on the registration law, and void on…
2Cases cited3 opinions
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1879
- Booth v. . CarstarphenSupreme Court of North Carolina · 1890
3Cited by1 opinion
- McBrayer v. Haynes.Supreme Court of North Carolina · 1903