Taylor v. . Dawson
Supreme Court of North Carolina
Cause removed from the Court of Equity of Edgecombe County. John II. Dawson,.being largely indebted to his mother, the defendant Tempe, and to the defendant Jos.
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Cause removed from the Court of Equity of Edgecombe County. John II. Dawson,.being largely indebted to his mother, the defendant Tempe, and to the defendant Jos. J. "Williams, a relátion, for debts and liabilities taken up and paid by tliem^ and being in failing circumstances, on the 17th of April, 1812, at the instance of the defendant Williams, made a deed of trust to John L. Hyman, conveying a large amount of property, consisting of a tract of land in Halifax County of 900 acres, also thirty-four slaves, twenty-two mules, five hundred and fifty hogs, besides horses, wagons, carts,…
1Opinion of the CourtPearson, J.
The bill alleges that the debts for which the deed of trust to Ilyman was executed were feigned and co-viuous, and on this ground that deed is impeached as fraudulent and void against creditors. Upon the argument, the plaintiffs’ counsel admitted that all the debts secured by the deed of trust were justly due. This relieves it from impeachment, and it stands as a liona fide conveyance, the legal effect of which was to devest the title out of the debtor, John II. Dawson, and transfer it to Ilyman. So, the plaintiffs’ equity depends solely upon the alleged fraud in the subsequent sale under the…
2Cited by9 opinions
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- Evans v. . BrendleSupreme Court of North Carolina · 1917
- Blanchard v. . McLaughanSupreme Court of North Carolina · 1816
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