Opinion · Supreme Court of North Carolina

Hafner v. Irwin

Hafner v. Irwin, 23 N.C. 490 (N.C. 1841)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1841-06-15
Topic
general

Gaston, J. The court concurs in the opinion,- declared in the Superior Court,.that the deed, under which the plaintiff sets up title, is not upon its face fraudulent. It purports to be a conveyance from Thomas Dwight to the plain*496tiff, to the intent that unless payment be made of certain en-l,meratet^ debts of the said Dwight, within forty days after the execution thereof, the whole of the property shall be gold & the proceeds applied to the satifaction of said debts, & that if the said Dwight shall, within the forty days, pay off the said debts, the plaintiff shall re-convey the property to him. Assuming these debts to be bona fide, there seems nothing in this arrangement, inconsistent with a fair appropriation of the property to the security of creditors. Where the interval, between the date of such an instrument and the day appointed therein for the sale of the property conveyed, appears unreasonably long, this circumstance may properly be insisted on as indicative of an intent to shield the. property for a time for the use of the debtor, and to that extent as having been mad,e for his case or favor; and if that intent, under all the circumstances of the case, be found, then indeed it follows as a consequence in law that the conveyance is fraudulent.

Citator

UpLaw has not yet analyzed Hafner v. Irwin. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions