Foster Ex Rel. Foster v. Moore

The plaintiff contends that on the pleadings the question presented is whether or not a conveyance of land, though absolute on its face, but intended as a mere security for a debt, is valid or void? We do not think the pleadings as a whole bear out plaintiff’s contention. The principle contended by plaintiff is well stated by Ruffin, J., and worth repeating, in Gulley v. Macy, 84 N. C., at p. 439-40, “That a deed absolute on its face but only intended as a security is fraudulent as to the creditors of the maker, has been thought to be the settled law of this State since the case of Gregory v.…