Savage v. . Knight and Bryant
Supreme Court of North Carolina
Civil ACTION tried before Gudger, "Judge, at Fall Term, 1884, of Edgecombe Superior Court. The action was for the recovery of the land described in the complaint, originally brought against Knight, and subsequently, Bryant, by leave of Court, was made defendant, and claimed under a deed of trust to him from his co-defendant Knight.
Read the full summary
Civil ACTION tried before Gudger, "Judge, at Fall Term, 1884, of Edgecombe Superior Court. The action was for the recovery of the land described in the complaint, originally brought against Knight, and subsequently, Bryant, by leave of Court, was made defendant, and claimed under a deed of trust to him from his co-defendant Knight. The plaintiff put in evidencie judgments against Knight rendered by a justice of the peace, and docketed in the Superior Court of Edge-combe county on the 14th day of February, 1883. Execution was issued thereon, and a deed was made to him by the sheriff of that…
1Opinion of the CourtAshe, J.
(after stating the facts). His Honor charged the jury, “ that if the deed of trust was made with the intent to hinder, delay and defraud the creditors of Knight or any one of them the deed was void, but to have that effect the plaintiff must show' that the fraud was participated in by the cestui que trust Jones w'ho drew the deed.”
We think the instruction was erroneous, and must have misled the jury, and the error consisted in qualifying the first part of the charge with the addendum “that to have that effect the plaintiff must show that the fraud was participated in by the cestui que trust…
2Cases cited6 opinions
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- Wilson v. ForsythNew York Supreme Court · 1857
- Morris v. . PearsonSupreme Court of North Carolina · 1878
- Doe on the Dem. of Lassiter v. DavisSupreme Court of North Carolina · 1870
- Rathbun v. PlatnerNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Aman v. . WalkerSupreme Court of North Carolina · 1914
- Battle v. MayoSupreme Court of North Carolina · 1889
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Hudson v. . JordanSupreme Court of North Carolina · 1891
16 more not listed; retrieve them via the Exa API.