Black v. . Justice
Supreme Court of North Carolina
Civil Action to recover land tried at Pall Term, 1881, of Cleaveland Superior Court, before Avery, J. The following issues were submitted to the jury: 1. Was the purchase money paid as the consideration for the'deed executed by sheriff Logan to the feme defendant Ma-hala J. Justice, the money of the defendant Benjamin Justice ? 2. Did Benjamin Justice cause said deed to be executed to the defendant M. J. Justice with intent to defraud his creditors ? 3. Did the said M. J.…
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Civil Action to recover land tried at Pall Term, 1881, of Cleaveland Superior Court, before Avery, J. The following issues were submitted to the jury: 1. Was the purchase money paid as the consideration for the'deed executed by sheriff Logan to the feme defendant Ma-hala J. Justice, the money of the defendant Benjamin Justice ? 2. Did Benjamin Justice cause said deed to be executed to the defendant M. J. Justice with intent to defraud his creditors ? 3. Did the said M. J. Justice by false and fraudulent representation made by her agent prevent a fair competition of bidders, and thereby cause…
1Opinion of the Court
Ashe, J.,
after stating the case. The exception taken by the defendant to the admission of the sheriff’s deed offered by the plaintiff on account of alleged defect in the probate, would have given us no difficulty except for the opinion expressed by Rodman, J., in the ease of Rollins v. Henry, 78 N. C., 342, in which the learned judge says : “We are of opinion that this deed was improperly admitted. It does not come within any of the cases provided for by the statute;”’ (Bat. Rev., ch. 35., § 2, sub. div. 3 and 4) and held/that although a deed may be admitted to registration, by proof at…
2Cases cited4 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Allender v. KeplingerCourt of Appeals of Maryland · 1884
- Crews v. First National Bank of CharlotteSupreme Court of North Carolina · 1877
- Tally v. . ReedSupreme Court of North Carolina · 1876
3Cited by12 opinions
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Weir v. . WeirSupreme Court of North Carolina · 1928
- Love's Executors v. . HarbinSupreme Court of North Carolina · 1882
- Woodley v. . HassellSupreme Court of North Carolina · 1886
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