Legal Opinion

Devries Co. v. . Phillips Haywood

Supreme Court of North Carolina

Decided June 5, 1868PublishedCited by 21 opinions

ORIGINAL Attachment, tried before Barrel, J., at Spring-Term 1868 of the_Superior Court of Cumberland. The attachment having issued against Phillips, for a debt due to the plaintiffs, was levied upon goods which were-claimed by Haywood, who was allowed to interplead. Haywood claimed under a bill of sale from Phillips, and this title-was impeached as fraudulent and void as to the plaintiffs, who-were creditors of the latter. There was evidence tending to-show such fraud.

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ORIGINAL Attachment, tried before Barrel, J., at Spring-Term 1868 of the_Superior Court of Cumberland. The attachment having issued against Phillips, for a debt due to the plaintiffs, was levied upon goods which were-claimed by Haywood, who was allowed to interplead. Haywood claimed under a bill of sale from Phillips, and this title-was impeached as fraudulent and void as to the plaintiffs, who-were creditors of the latter. There was evidence tending to-show such fraud. Upon this part of the case the Court charged “ that if the conveyance were made for a bona fide debt and without any…

1Opinion of the CourtReade, J.

His Honor charged the jury that, “If the con veyance were to pay a tona fide debt, it will be upheld though the debtor made it with a fraudulent intent.” This cannot be maintained. We think it probable that the case does not state the charge with sufficient accuracy, because in another portion of it, we find the instruction to the jury was, that the conveyance would be good “ against creditors if made for a tona fide debt, and without any fraudulent intent.” -We do not doubt that the impression which his Honor designed to make upon the jury was, that if the conveyance was to pay a tona fide…

2Cases cited1 opinion

  1. Scovill v. BaldwinSupreme Court of Connecticut · 1858

3Cited by21 opinions

  1. State v. TaylorWest Virginia Supreme Court · 1905
  2. City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
  3. Pigford v. . R. R.Supreme Court of North Carolina · 1912
  4. Jenkins v. North Carolina Ore Dressing Co.Supreme Court of North Carolina · 1871
  5. Keena v. United Railroads of San FranciscoCalifornia Supreme Court · 1925

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