We are all of opinion, that there pears nothing to impeach the honesty of the Defendant’s title, but that he stands in the shoes of both a creditor and purchaser. The Plaintiff’s deed being fraudulent,. sannpt, therefore, have any effect. The rule for a New Trial discharged.
Spence v. Yellowly, 4 N.C. 114, 1 Taylor 114 (1817)
Jan. 1817
·
Supreme Court of North Carolina
4 N.C. 114, 1 Taylor 114
SPENCE against YELLOWLY.
tyherethe JSaintiff claims a slave unrl er a fraudulent deed from the owner, who leaves the State, and afterwards the Defendant purchased up a small account against him, on which' he sued out an>attachment and levied it on the slave who was sold under it, and the Defendant purchaser';6 it was held, that his title tint he°must? be cons dered both as a ere. chasernd PUr"
DETINUE for a Slave.
John Boon, the former jiro* prietor of the Negro in question, made a fraudulent con* veyance of the Negro to the Plaintiff his mother. The Defendant afterwards obtained a judgment against the said John Boon, and caused an execution to issue thereon, which was levied on the said Negro, and at the sale thereof became the purchaser.
When the officer was crying the Negro, a person made a bid. The Defendant asked him if he was his enemy. That his obiect was to purchase the Negro for the bene-r , , ™ , fit of the debtor s wite. I hat, in consequence of the conversation aforesaid, the person desisted from bidding, , 1 r a That the value of the Negro was, at the time, 350 dollars f to which amount the said bidder would have g'lcj. He was knocked off to the Defendant at Si.50 1.
The Defendant has, since the verdict, conveyed the Negro to the wife of John Boon.
was 0hject °f the Defendant, in speaking to the bidder as aforesaid, tó prevent his further bidding, and' to get the Negro at an Under value, and as low as possible, for the benefit of the debtor’s wife, who had been abandoned by her husband and left in a destitute situation.
Ehe said Defendant, Telloxvly, purchased from Robert Sherrod an open and unliquidated account of ¾9, against said John Boon, after the said John had left the State, and removed to the State of Kentucky-. Defendant engaged the Constable to levy an attachment, grounded on the said account, on the said negro Jess, who was'then a runaway, and at the Defendant’s house , which was accordingly done, and the Negro sold under it, as aforesaid. During all these proceedings, the said John-Boon was out of the State. &c.”
*115The Jury, under the direction of the Court, found a verdict lor the Defendant.