Bank of New Hanover v. Adrian
Supreme Court of North Carolina
On February 27, 1893, Adrian & Toilers executed their notes to the Bank of New Hanover in the sum of $90,000, payable three years after date, bearing four per cent, interest, payable quarterly; and on the same day executed a mortgage to secure the payment of said sum, which was registered June 19, 1893, the day on which said bank closed its doors and ceased to do business.
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On February 27, 1893, Adrian & Toilers executed their notes to the Bank of New Hanover in the sum of $90,000, payable three years after date, bearing four per cent, interest, payable quarterly; and on the same day executed a mortgage to secure the payment of said sum, which was registered June 19, 1893, the day on which said bank closed its doors and ceased to do business. On June 20th, 1893, said Adrian & Tollers made an« assignment to the defendant, E. K. Bryan, in trust for their creditors, conveying all their property, including the property described in said mortgage deed. On June 19th,…
1DissentAvert, J.
It is the universal rule, to which the search to find au exception in cases adjudicated in our own Court or elsewhere, will be in vain, that the grantor in a fraudulent deed, whether it be absolute in form or a mortgage, is not allowed in courts of law or equity to impeach his own conveyance for covinous conduct, in which he has been a participant and has been ■equally guilty. Such deeds are declared to be good inter *543partes in the sense that neither can ask to set them aside for fraud, in equity, because of the necessity, as a general rule, of disclosing his own turpitude, and in law, because…
2Cases cited19 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Findley v. CooleyIndiana Supreme Court · 1823
- Miller v. MarckleIllinois Supreme Court · 1859
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