12 S.E. 204 | N.C. | 1890
The facts are sufficiently stated in the opinion of the Court. *264 As this action was dismissed upon demurrer, we must, of course, assume that all of the allegations of the plaintiff are true. It appears from the complaint that E. W. Bacon purchased the land in controversy at an administration sale, paid for the same with his own money, and, for the purpose of defrauding his creditors, procured it to be conveyed to W. S. Hair, who agreed, by parol, to hold it in trust for him. It also appears that the said Hair and the other defendants are claiming the land under through the said fraudulent conveyance.
It is plain that E. W. Bacon, by reason of his fraudulent intent, had no interest whatever in the property which he could have asserted in a Court of Equity. In a similar case it was said that such a debtor "did not have even a right in equity, as it is alleged that the trust was infected with fraud, in which case the court will not act at the instance of either party." Page v. Goodman,
The defendants, however, insist that the action is barred by the lapse of time, and our attention is called to the bankrupt act, section 2, which provides that such causes of action shall be prosecuted within two years from the time they accrue in favor of the assignee.
It is urged, upon the authority of Robinson v. Lewis,
We are of the opinion that the complaint set forth a cause of action, and that, in the absence of the plea of the statute, it is not barred.
The judgment dismissing the action should, therefore, be
Reversed.
Cited: Cox v. Ward, post, 507; Albertson v. Terry,