Dem on Demise of Davis v. Evans
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cumberland1 County at the Spring Term 1845,- his Honor Judge Pearson presiding. Ejectment for 1100 acres of land in Robeson,-commenced the 15th September 1836 against John Campbell, then the tenant in possession. The demise is laid the 1st March 1836. — ■ Campbell appeared, entered into the common rule, and pleaded, not guilty.
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Appeal from the Superior Court of Law of Cumberland1 County at the Spring Term 1845,- his Honor Judge Pearson presiding. Ejectment for 1100 acres of land in Robeson,-commenced the 15th September 1836 against John Campbell, then the tenant in possession. The demise is laid the 1st March 1836. — ■ Campbell appeared, entered into the common rule, and pleaded, not guilty. In March 1838 his daughter Mary Ann Campbell (who has since married Evans) procured herself to bo made defendant instead of John Campbell. On the trial the plaintiff showed,- as his title, a judgment obtained by one Johnson and…
1Opinion of the CourtRuffin, C. J.
The counsel for the plaintiff moved for a great number of instructions in succession, but all presenting different views of the position, that it was fraudulent against Campbell’s creditors in the Bank and Tuton to indulge Campbell so long for the debt,- so as to keep the mortgage on foot, to the hindrance of creditors: all of which we think his Hon- or properly refused, because the bona fides of the debt to the Bank was not contested and the delay of the mortgagee to enforce payment is not fraudulent, so as to make his mortgage void, but the creditor may have his remedy in equity or promptly…
2Cases cited1 opinion
- Jackson ex dem. Randall v. DavisNew York Supreme Court · 1820
3Cited by6 opinions
- Evans v. BrendleSupreme Court of North Carolina · 1917
- Evans v. . BrendleSupreme Court of North Carolina · 1917
- Lee v. . FlannaganSupreme Court of North Carolina · 1847
- Parrott v. . HardestySupreme Court of North Carolina · 1915
- Evans v. BrendleSupreme Court of North Carolina · 1917
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