Feimester v. . McRorie
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Iredell Couiit ty, Fall'Term, 1850, his Honor Judge Settle presiding. One James R. Feimester was seised of the premises in fee» and on the 17th of February. 1847, in consideration of five dollars, as expressed in the deed, he conveyed them to the lessor of the plaintiff in fee, upon trust to sell them and pay certain debts mentioned in the deed, and therein stated to be due on notes and bonds made by the bargainor to sundry persons…
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Appeal from the Superior Court of Law of Iredell Couiit ty, Fall'Term, 1850, his Honor Judge Settle presiding. One James R. Feimester was seised of the premises in fee» and on the 17th of February. 1847, in consideration of five dollars, as expressed in the deed, he conveyed them to the lessor of the plaintiff in fee, upon trust to sell them and pay certain debts mentioned in the deed, and therein stated to be due on notes and bonds made by the bargainor to sundry persons specified. James R. Feimester owed a number of debts to oiher persons, at the execution of the deed, which were not…
1Opinion of the CourtRuffin, C. J.
As the plaintiff gave no evidence, that his bargainor retained property sufficient for the satisfaction of his other creditors at the time he made the deed, it would, by force of the acts of 1715 and 1840, be void as against those creditors, unless founded upon an adequate valuable consideration. That position cannot be contested. But it is agreed, that the debts mentioned in the deed con stitute a sufficient consideration to render the deed bona fide and sustain it. So they would, if the plaintiff had made it appear, that those debts existed; for, it has been often held, that deeds of trust…
2Cited by3 opinions
- Barber v. . BuffaloeSupreme Court of North Carolina · 1898
- Barber v. . BuffaloeSupreme Court of North Carolina · 1898
- Barber v. . BuffaloeSupreme Court of North Carolina · 1898