Helms v. . Green
Supreme Court of North Carolina
This was an ACTION begun in the Superior Court of UNION County, N. C., on September 12th, 1883, for the recovery of a tract of land situated in said county, and tried at February Term, 1889, of said Court, before Clark, J., and a jury. The following is a statement of the facts as far as is necessary to an understanding of the exceptions made by defendant, and which are the basis of _ the appeal.
Read the full summary
This was an ACTION begun in the Superior Court of UNION County, N. C., on September 12th, 1883, for the recovery of a tract of land situated in said county, and tried at February Term, 1889, of said Court, before Clark, J., and a jury. The following is a statement of the facts as far as is necessary to an understanding of the exceptions made by defendant, and which are the basis of _ the appeal. The" plaintiff showed title out'of the State, and in one W. B. Hinson, by introducing in evidence grants from the State to one Pinion and one McCollum, and subsequent and successive conveyances to…
1Opinion of the Court
Avery, J.'
-after stating the facts: At an early period in the judicial history of this State, it was held that courts of law might hear evidence and allow a jury to pass even incidentally upon the question, whether a deed was void for fraud in the factum or under 13th or 27th Eliz. (The Code, §§1545 and 1546.) Logan v. Simmons, 1 Dev. & Bat., 16. Hence, in the trial of actions of- ejectment where the question arose whether a deed, relied upon by either of the parties as a part of a chain of title, was executed to hinder, delay or defraud creditors;evidence was heard to attack or sustain such…
2Cases cited12 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Harding v. . LongSupreme Court of North Carolina · 1889
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Reiger v. . DavisSupreme Court of North Carolina · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. TilleySupreme Court of North Carolina · 1954
- Williams v. Commercial National BankOregon Supreme Court · 1907
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Bolich v. Prudential Insurance Co. of AmericaSupreme Court of North Carolina · 1934
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
36 more not listed; retrieve them via the Exa API.