Hawkins v. . Alston
Supreme Court of North Carolina
Cause removed from the Court of Equity of Warren County, at the Fall Term, 1845. The case as exhibited by the pleadings and process, was as follows: On the 31st day of January, 1843, the defendant, Mieajah T. J. Alston, by a deed, to which he and the defendants, Spencer H. Alston and Christopher B. Allen were parties, conveyed to the said Allen all his property, real and personal, consisting of eleven slaves, - which he owned absolutely and in severalty, oí a negro woman…
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Cause removed from the Court of Equity of Warren County, at the Fall Term, 1845. The case as exhibited by the pleadings and process, was as follows: On the 31st day of January, 1843, the defendant, Mieajah T. J. Alston, by a deed, to which he and the defendants, Spencer H. Alston and Christopher B. Allen were parties, conveyed to the said Allen all his property, real and personal, consisting of eleven slaves, - which he owned absolutely and in severalty, oí a negro woman named Caroline, of wliom the said Micajah owned three undivided fourths, and the said Allen owned the other fourth, and of…
1Opinion of the CourtRuffin, C. J.
If the grounds, upon which the bill impeaches the transactions between the defendants, be founded in facts, there cam be no hesitation in holding, that they amount to a fraud in law against the plaintiff, as a creditor. For no device can be more deceptive and more likely to bailie, delay, or defeat creditors, than the creating incumbrances upon their property by embarrassed men, for debts that are fictitious or mainly so. The false pretence of a debt, or the designed exaggeration of one, is an act of direct fraud. That is one of the allegations of the bill against this deed.
Another is, that…
Also in this document: Per curiam.
2Cited by3 opinions
- Brooks v. GarnerSupreme Court of Oklahoma · 1908
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- Friedenwald Co. v. Sparger.Supreme Court of North Carolina · 1901