Hafner v. Irwin
Supreme Court of North Carolina
This was an appeal by defendant from the judgment of the Superior Court of Law of Mecklenburg County at the Fall Term, 1840, his Honor Judge Pearson presiding. The following is the case as reported by the presiding Judge: This was an action of trover.
Read the full summary
This was an appeal by defendant from the judgment of the Superior Court of Law of Mecklenburg County at the Fall Term, 1840, his Honor Judge Pearson presiding. The following is the case as reported by the presiding Judge: This was an action of trover. The plaintiff read a deed in trust by one Dwight, dated 13th of January and registered 18th of January, 1838, the purport of which deed was to convey to the plaintiff, as trustee, a large amount of personal property, in trust to sell the said property, after advertising twenty days in the neighborhood, and out of the proceeds of such sale to pay…
1Opinion of the CourtGaston, J.
The court concurs in the opinion,- declared in the Superior Court,.that the deed, under which the plaintiff sets up title, is not upon its face fraudulent. It purports to be a conveyance from Thomas Dwight to the plain*496tiff, to the intent that unless payment be made of certain en-l,meratet^ debts of the said Dwight, within forty days after the execution thereof, the whole of the property shall be gold & the proceeds applied to the satifaction of said debts, & that if the said Dwight shall, within the forty days, pay off the said debts, the plaintiff shall re-convey the property to him.…
2Cited by4 opinions
- Wurlitzer Distributing Corp. v. SchofieldCourt of Appeals of North Carolina · 1980
- Covington v. BrigmanDistrict Court, E.D. North Carolina · 1914
- Leadman v. . HarrisSupreme Court of North Carolina · 1831
- Anhui Omi Vinyl Co., Ltd. v. USA Opel FlooringCourt of Appeals of North Carolina · 2024