Johnston v. . Eason
Supreme Court of North Carolina
This cause, having been set for hearing upon the bill, answers and depositions, was transmitted by consent of parties from the court of equity of Edgecomb County, at the Fall Term, 1844, to the Supreme Court. The following facts appear from the pleadings, and the depositions, and exhibits filed in the cause.
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This cause, having been set for hearing upon the bill, answers and depositions, was transmitted by consent of parties from the court of equity of Edgecomb County, at the Fall Term, 1844, to the Supreme Court. The following facts appear from the pleadings, and the depositions, and exhibits filed in the cause. The plaintiff complains, that in the year 1829, she sold to Thomas Low a tract of land, the boundaries of which are set forth in her bill, for the sum of one hundred and fifty dollars, secured by four bonds, each for $37.50, payable at different times ; that in order to assure to the…
1Opinion of the CourtNash, J.
It is impossible to read this testimony, without being entirely satisfied, that a gross fraud has been attempted by these defendants, in the pretended sale of this land. The land in question was conveyed by Thomas Low, to the defendant, Theophilus Eason, in trust, for the purpose of securing to the plaintiff the money due to her from Low, for the purchase of the land; and the securities taken by her, as she alleges; were at the same time delivered by her to Eason, for the purpose of being in his possession, when the sale should be had. Twelve years after this, the land was sold at public…
2Cited by6 opinions
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- Woodcock v. . MerrimonSupreme Court of North Carolina · 1898
- Davenport v. . VaughnSupreme Court of North Carolina · 1927
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