Booth v. . Carstarphen
Supreme Court of North Carolina
In this case, which was tried in the Superior Court of Halifax County, by BoyJcin, /., the parties agreed upon, and submitted to the Court for its judgment thereupon, a statement of facts, the material parts of which are as follows: “1. That the Sheriff of Northampton County, by virtue of sundry executions to him directed, issued from Northampton Superior Court on May 5th, 1887, and returnable to Fall Term, 1887, of said Court, upon judgments duly docketed in said Court…
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In this case, which was tried in the Superior Court of Halifax County, by BoyJcin, /., the parties agreed upon, and submitted to the Court for its judgment thereupon, a statement of facts, the material parts of which are as follows: “1. That the Sheriff of Northampton County, by virtue of sundry executions to him directed, issued from Northampton Superior Court on May 5th, 1887, and returnable to Fall Term, 1887, of said Court, upon judgments duly docketed in said Court against the defendants John R. Carstar-phen and others, partners trading as Carstarphen, Grant & Co., and in favor of P. H.…
1Opinion of the CourtMereimon, C. J.
after stating the facts: A deed like that in question here may be necessarily void because of fraud appearing upon its face from its vitiating provisions and purposes. This is so when the facts constituting the fraud so appearing are so manifest and of such vitiating character as that they of themselves imply fraud that admits of no explanation or conclusion to the contrary. In such case, it is the province and duty of the Court to declare and adjudge the deed fraudulent and void whenever the same shall come before it for adjudication. The reason is, that the facts so appearing necessarily…
2Cases cited11 opinions
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Beasley v. . BraySupreme Court of North Carolina · 1887
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1879
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3Cited by5 opinions
- Blalock v. Kernersville Manufacturing Co.Supreme Court of North Carolina · 1892
- A. Blanton Grocery Co. v. TaylorSupreme Court of North Carolina · 1913
- Cowan v. . PhillipsSupreme Court of North Carolina · 1896
- Ferree v. . CookSupreme Court of North Carolina · 1896
- Southern Commission Co. v. PorterSupreme Court of North Carolina · 1898