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55 N.C. 177

Gentry v. Harper

Supreme Court of North Carolina

Decided August 15, 1855

Supreme Court of North Carolina · decided 1855-08-15

Cause removed by consent from tlie Court of Equity of Aslie County, at the Spring Term, 1855.

Good law ✅— No negative treatment on recordhow we know

Decided 1855-08-15

How this case has been cited

Cited by 3 later decisions — most recently July 1991

1 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PeaksoN, J.

¶1From the principles decided in Gowan v. Rich, 1 Ire. Rep. 533; Dobson v. Erwin, 1 Dev. and Bat. Rep. 570, it is clear that the debtor has not such an equitable or trust estate as is liable to be sold under an execution at law: and it is equally clear that he has such an interest in the land as a court of equity will subject to the claims of creditors : upon the broad ground, that it is against conscience for debtors to attempt in any way to withdraw property or effects from the payment of debts. If the Courts of Common Law cannot reach the debtor’s interest, a Court of Equity will.

¶2Pick CukiaM. Demurrer overruled.

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