City National Bank of Norfolk v. Bridgers
Supreme Court of North Carolina
Aftiox to declare deed void for fraud, and to sell property (therein conveyed) under order of Court to pay plaintiff’s debt, and to restrain trustee from disposing of the same pending the litigation, heard at December Special Term, 1893, of Norti-iaMPtoN Superior Court, before Whitaker, J., and a jury. ■ It appeared in evidence that on the 22d day of.
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Aftiox to declare deed void for fraud, and to sell property (therein conveyed) under order of Court to pay plaintiff’s debt, and to restrain trustee from disposing of the same pending the litigation, heard at December Special Term, 1893, of Norti-iaMPtoN Superior Court, before Whitaker, J., and a jury. ■ It appeared in evidence that on the 22d day of. June, 1893, the defendant J. B. Bridgers and his wife made a deed of conveyance, absolute in form, conveying to his brother, W. K. Bridgers, certain property, and that said deed was duly registered on the next day, the consideration for said…
1Opinion of the Court
Avery, J.:
Persons standing in the relation of parent and child or of brothers “may deal with each other in good faith just as others not so related may do.” In such cases the presumption of fraud may arise where an insolvent person conveys valuable property to a near relation for less than its reasonable value, if the transaction is witnessed only by the parties and persons so related and they withhold explanation by refusing to go upon the stand and testify. Banking Co. v. Whitaker, 110 N. C., 348; Helms v. Green, 105 N. C., 264; Brown v. Mitchell, 102 N. C., 372; Reiger v. Davis, 67 N. C.,…
2Cases cited4 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Hudson v. . JordanSupreme Court of North Carolina · 1891
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
- Morehead Banking Co. v. WhitakerSupreme Court of North Carolina · 1892
3Cited by6 opinions
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- City of Warsaw v. FisherIndiana Court of Appeals · 1899
- Bank v. . GilmerSupreme Court of North Carolina · 1895
- City National Bank v. BridgersSupreme Court of North Carolina · 1901
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