Legal Opinion

Davis v. . Council

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 9 opinions

Civil ACTION, for the recovery of land, tried before Shepherd, Judge, and a jury, at Fall Term, 1884, of the Superior Court of Columbus county. The land in controversy belonged to the defendant C. T. Davis, under whom the contestants in the action claim.

Read the full summary

Civil ACTION, for the recovery of land, tried before Shepherd, Judge, and a jury, at Fall Term, 1884, of the Superior Court of Columbus county. The land in controversy belonged to the defendant C. T. Davis, under whom the contestants in the action claim. The plaintiff claims his title from sales made by the assignee in bankruptcy of said C. T. Davis, and the assignee’s deed therefor, made in February, 1882, and also by the assignee in bankruptcy of the defendant J. T. Council, to whom the said Davis had previously undertaken to convey, and the assignee’s deed therefor, also executed in…

1Opinion of the CourtSmith, C. J.

(after stating the facts). 1. The first exception presented in the record is to the ruling by which the witness Melvin, in order to corroborate the witness Davis, was permitted to testify to a conversation which passed between himself and Davis, and which had been given in evidence by the latter, as also to a conversation, consequent upon it, with the defendant, J. T. Council, showing the fraudulent arrangement planned and carried out to defeat the creditors of Davis.

The declarations proceed from parties to the action — those through whose agency the feme defendant acquires the title set up…

2Cases cited7 opinions

  1. Jones v. . JonesSupreme Court of North Carolina · 1879
  2. Worthy v. . CaddellSupreme Court of North Carolina · 1877
  3. Meekins v. . TatemSupreme Court of North Carolina · 1878
  4. Williamson v. Look's Creek Canal Co.Supreme Court of North Carolina · 1878
  5. Young v. LathropSupreme Court of North Carolina · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. Odom v. . RiddickSupreme Court of North Carolina · 1889
  3. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
  4. Posey v. . PattonSupreme Court of North Carolina · 1891
  5. Cox v. Wall.Supreme Court of North Carolina · 1903

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API