Flowers v. American Agricultural Chemical Co.

We can find in the record no sufficient evidence to be submitted to the jury that the deed of trust was made with intent to defraud the creditors of J. W. Parker, therefore the court below was correct in refusing to submit the issue. J. W. Parker, who made the deed of trust, a witness for plaintiffs, testified: “I did not execute this deed of trust intending to perpetrate a fraud on my other creditors.” We can see no error in the judgment on the issues as found by the jury. Wallace v. Phillips, 195 N. C., 665; Bank v. Mackorell, 195 N. C., 741.

In Cowan v. Dale, 189 N. C., at p. 686, citing…