This case being similar, in many of its circumstances, to the case of Jackson against Marshall’s administrator, pending in this Court, and both cases depending in part upon the same principles, the facts of the latter case are here stated.
Vick v. Flowers, 5 N.C. 321, 1 Mur. 321 (1809)
July 1809
·
Supreme Court of North Carolina
5 N.C. 321, 1 Mur. 321
Vick and others v. Flowers.
From Chatham.
Pending1 an execution against A. he conveys his property to B. by a deed purporting to he absolute and for a valuable consideration ; and it'is agreed between A. and B, that when the execution shall be satisfied, B. shall reconvey the property to A. Equity will not enforce this agreement.
No person is entitled to the aid of á Court of Equity to enforce a contract entered into with a fraudulent intention, or for a fraudulent purpose.
Fraudulent conveyances are binding upon the party making them.
In applying the maxim, “that he who does iniquity, shall not have1 equity,” to particular cases, it is not necessary that it should appear, that the iniquity was done to the person against whom relief is sought, although it must appear to infect the particular transaction out of which an equity is attempted to be set up.
The bill charged, that one Giles Vick intermarried with Delilah Flowers, daughter of Jacob Flowers, the Defendant, in the year 1788 ; that shortly after the marriage, Flowers gave to Vick, two negro slaves, named Jury and Patience : That in the year 1794, Vick became indebted to Wilkinson in the sum of £515 7s. for which sum he gave his bond, with one John Oldham his security ; which bond being assigned to one Benjamin Williamson, suit was instituted thereon in Halifax Superior Court of Law1, against Vick and Oldham. Several payments were made by Vick, but still a considerable balance remained due on the judgment j and pending the execution against the property of Vick and Oldham, Vick conveyed the said negro slaves, with the increase of Patience, to flowers. The conveyance purported to be absolute and for a valuable consideration, but the bill charged, that it was made upon a secret trust between Vice and Flowers, that as soon as Vick’s estate should be relieved from the aforesaid debt to Williamson, by having the same duly discharged, Flowers should recen-*322vey the negroes to Vick 5 and that the conveyance was no£ made Up0n a valuable consideration, or if so, that the sum paid was merely nominal, and that it was expressly agreed between Vick and Flowers, at the time of the conveyance, that whenever the debt to Williamson should be paid, Flowers should reconvey the negroes. The conveyance was made in 1796, and Vick died in 1797. A short time after the conveyance, Flowers took possession of the negroes, and Oldham having discharged the balance due on Williamson’s judgment, sued Flowers as executor de son tort of Vick, and recovered a judgment for the amount which he had paid as Vick’s security. Flowers sold seme of the negroes to discharge the judgment which Oldham recovered •, which judgment being satisfied, this bill was brought against Flowers, to compel him to execute the secret trust aforesaid, and recon-vey the residue of the negroes, charging that the debt to Williamson being satisfied out of Vick’s property, Flowers was bound in Equity and good conscience to recon-vey so many of the negroes as remained in his hands.
To this bill the Defendant demurred, and for cause of demurrer alleged, that the bill did not contain any matter of equity, whereon the' Court could grant any decree or give the Complainant any relief or assistance as against the Defendant. And the questions arising upon this demurrer were sent to this Court for the opinion of the Judges.