Moore v. . Hinnant
Supreme Court of North Carolina
CONTROVERSY submitted without action and heard at Spring-Term, 1882, of JOHNSTON Superior Court, before Shipp, J. One H. L. Watson being indebted to divers persons in various amounts, executed a deed of trust to the plaintiff, dated November 28th, 1881, conveying all his “ merchandise, wares and stock in trade, and all- money due or coming to him on mortgages, bonds, notes, book accounts, to have and to bold unto the said trustee upon the trust following, viz.: In trust to…
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CONTROVERSY submitted without action and heard at Spring-Term, 1882, of JOHNSTON Superior Court, before Shipp, J. One H. L. Watson being indebted to divers persons in various amounts, executed a deed of trust to the plaintiff, dated November 28th, 1881, conveying all his “ merchandise, wares and stock in trade, and all- money due or coming to him on mortgages, bonds, notes, book accounts, to have and to bold unto the said trustee upon the trust following, viz.: In trust to sell and disptosc of the goods, &e., at public or private sale at the trustee's discretion, and to collect all the sums…
1Opinion of the CourtSmith, C. J.
The result of the action depends upon the determination of. the inquiry as to the validity of the deed in trust under which the plaintiff claims title to the goods. The appellant presents objections to the legal efficacy of the conveyance, which may be resolved into the following:
1. The deed, indicating upon its face the intended execution of creditors, is imperfect and inoperative.
2. It is fraudulent and void upon the facts agreed and set out.
3. The further execution by creditors being necessary to complete the instrument, the registration is of a part of it only, and not in accordance with…
2Cases cited6 opinions
- Hollister v. LoudMichigan Supreme Court · 1852
- Bellamy v. Sheriff of Jackson CountySupreme Court of Florida · 1855
- Church v. DrummondIndiana Supreme Court · 1855
- Tustin v. FaughtCalifornia Supreme Court · 1863
- Jackson v. StanfordSupreme Court of Georgia · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Beasley v. . BraySupreme Court of North Carolina · 1887
- Moore v. . HinnantSupreme Court of North Carolina · 1884
- Worthy v. . BradySupreme Court of North Carolina · 1884
- Cannon v. DemingSouth Dakota Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.