Holmes v. . Marshall
Supreme Court of North Carolina
Civil Action, tried at Fall Term, 1877, of StaNly Superior Court, before Seymour, J. This was an action to recover the value of a stock of goods seized and sold by the defendant as Sheriff of Stanly County, to iatisfy two executions in his hands, one in favor of White, Rosenburg & Co., and the other in favor of Sands? Small & Bash.
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Civil Action, tried at Fall Term, 1877, of StaNly Superior Court, before Seymour, J. This was an action to recover the value of a stock of goods seized and sold by the defendant as Sheriff of Stanly County, to iatisfy two executions in his hands, one in favor of White, Rosenburg & Co., and the other in favor of Sands? Small & Bash. The plaintiff claimed title by virtue of a deed to him, as trustee, executed by the firm of Ridenhour & Misenheimer, who were defendants in the said executions. The deed conveyed to the trustee the store house lot, together with the entire stock of goods and the…
1Opinion of the CourtBynum, J.
In Cheatham v. Hawkins, 76 N. C. 335, this Cburtsaid: “If there were other unsecured creditors at the time of this assignment, and no other property of the debtor than that conveyed in the mortgage, out of which the creditors could make their debts, the fraudulent intent would seem to be irrebuttable. A clear benefit is secured to the debtor, and a clear right is withheld from the creditor, beyond what the law permits. An assignment cannot cover up and preserve the property for the debtor’s use, or protect it from the remedies and demands of the creditors. Here is not only a retention of…
2Cases cited1 opinion
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
3Cited by6 opinions
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1879
- Mitchell v. MitchellDistrict Court, E.D. North Carolina · 1906
- A. Blanton Grocery Co. v. TaylorSupreme Court of North Carolina · 1913
- Commercial Bank of Selma v. BrewerSupreme Court of Alabama · 1882
- Booth v. . CarstarphenSupreme Court of North Carolina · 1890
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