Legal Opinion

Powell v. . Ivey

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 13 opinions

Civil ActioN tried, upon a referee’s report, at November Term, 1880, of Halifax Superior Court, before Graves, J. The defendants appealed from the judgment rendered.

1Opinion of the CourtSmith, C. J.

The facts of this case are few and simple, as found by the referee and accepted and acted on by the court.

Richard N. Ivey, to whom the land in dispute belonged, with an express intent to defraud his creditors, on January 1, 1867, executed a mortgage deed therefor to his son, John R. Ivey, reciting his indebtedness to the mortgagee by bond, to which two others of his children were sureties, in the sum of one hundred and fourteen dollars, with interest from that date, and declaring the purpose of the conveyance to be to secure the same. There was nothing then due from the mortgagor to the…

2Cases cited3 opinions

  1. Davis v. GravesNew York Supreme Court · 1859
  2. Cramer v. . BloodNew York Court of Appeals · 1872
  3. Clark's Administrator v. RuckerCourt of Appeals of Kentucky · 1847

3Cited by13 opinions

  1. Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
  2. Hinson v. HinsonCourt of Appeals of North Carolina · 1986
  3. Bicocchi v. Casey-Swasey Co.Texas Supreme Court · 1897
  4. Lockren v. RustanNorth Dakota Supreme Court · 1899
  5. In Re Associated Gas & Electric Co.District Court, S.D. New York · 1944

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