Doe on the Dem. of Lassiter v. Davis
Supreme Court of North Carolina
Ejectment, tried before Watts, J., at Spring Term 1870 • of Geanville Court. The plaintiff claimed title under a sheriff’s deed, by virtue .of an execution in a suit by a creditor of one Merryman against the latter. Two months before the recovery of the judgment in that suit, i. e. in March 1867, Merryman sold the land to the defendant for ten thousand dollars. At that time he was insolvent, being indebted not only to the creditor above, but otherwise.
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Ejectment, tried before Watts, J., at Spring Term 1870 • of Geanville Court. The plaintiff claimed title under a sheriff’s deed, by virtue .of an execution in a suit by a creditor of one Merryman against the latter. Two months before the recovery of the judgment in that suit, i. e. in March 1867, Merryman sold the land to the defendant for ten thousand dollars. At that time he was insolvent, being indebted not only to the creditor above, but otherwise. His Honor instructed the jury, amongst other things, that if, at the time the said deed to the defendant was executed, (it was done by the…
1Opinion of the CourtEeade, J.
His Honor instructed the jury, “thatif, at the time the deed to the defendant was executed by Merry-man, he, Merryman, had the intent thereby to hinder, delay or defraud the plaintiff who was his creditor, or any other of his creditors, the deed was void.”
His Honor did not allow the character of the contract to govern, but simply the intent of one of the parties. If this were the law, then it would never be safe to purchase any thing — certainly not without inquiring into the intent of the vendor: and even then he might declare a good intent, and yet be induced by a bad one, and then the bad…
2Cited by13 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Worthy v. . CaddellSupreme Court of North Carolina · 1877
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
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