Coltraine v. Causey

• Decision Date: 30 June 1844
• Citation: 42 Am.Dec. 168,38 N.C. 246,3 Ired.Eq. 246
• Court: North Carolina Supreme Court
• Parties: WILLIAM COLTRAINE, ADM'R . v. ENNOLDS CAUSEY et al.

3 Ired.Eq. 246

38 N.C. 246

42 Am.Dec. 168

WILLIAM COLTRAINE, ADM'R .

v.ENNOLDS CAUSEY et al.

Supreme Court of North Carolina.

June Term, 1844.

Where a bill is filed by an administrator for the purpose of setting aside a a deed executed by his intestate, on the ground that it was given to defraud creditors, he is estopped from shewing that it was fraudulent, although he alleges that he was himself one of the creditors intended to be defrauded.

This cause having been set for hearing, was transmitted from Randolph Court of Equity, at Spring Term, 1844, by consent of parties, to the Supreme Court.

The bill states that John Coltraine had executed to William Coltraine (the plaintiff) four several bonds of $500 each; that he the said William Coltraine purchased of Manlove A. Causey a tract of land at the price of $2000, and paid the purchase money, by endorsing to him the aforesaid four several bonds; that the said Manlove A. Causey, being greatly indebted, and much harrassed with ca. sa's by his creditors, with a view to defraud his aforesaid creditors, did, without any bona fide consideration, assign the aforesaid four bonds which he thus held on John Coltraine, to the defendant Ennolds Causey, under a secret trust that they should hold the proceeds of the same for the benefit of the assignor, his wife and children. The bill further states, that Manlove A. Causey died in September, 1840, and that the plaintiff administered on his estate. Upon the coming in of the answer of Ennolds Causey, in which he stated that only two of the bonds had been assigned to him, and that the other two had been assigned to Levin Kirkman, the plaintiff, amended his bill, and therein alleged that the said other two bonds were in the hands and custody of Jane S. Causey, the widow of Manlove Causey, and of Levin Kirkman, the father of said Jane S. for safe keeping for the use of said Manlove or his representatives, and to be delivered when they should be demanded; and further, that, if the said two bonds were endorsed by said Manlove to the said Levin, the endorsement was without consideration, and in trust for said Manlove; or that, if the same were upon consideration, that it was a security for the payment of some inconsiderable sum of money due, or alleged to be due, from the said Manlove to the said Levin, or some other person. The prayer of the bill is, that the defendants respectively be decreed to surrender the aforesaid several bonds to the plaintiff,...