The Caucasian. (Clinton, N.C.) 188?-1913, 1895-04-18
mclIa> sn r.

,,,,rt I'M th.. a.. riltd al Sc reverse .
or affirm the judgments q, .hN: But
surprising this may uot bs- considered
an answer To- this ys,.>iii"n-ihai the .
cuu-i should have reversed "r affirmed
III, Judgment in the court b-!ow. !
Ni>h 10 give nay own answer 10 TINS
urufo>itiou. II ~ commended 10y ia" .
minority that the ease does noi siat"
iacl- sufficient To- authorik" Judg-
m-Iif. and the Judgment pronounced !
thereon j. a nulliry. n they are c"r-
rect IN this position. then no jndE-
incl We could have pronounced here
woU III have made AZ valid There Ma
me- lis,. ia shooting al a dead duck Aud
81 there l. a sufficient statement al
facts To authorize the Judgment below.
then their whole theory that the conri
Was wrong in passing upon th. qur--
ton. fail, aud falls Ia The ground.
which horse do they take! But again.
| If tie court had the right 10 CONSIDER
II and then dismiss a. a IN Davis ra>".
I ia Taylor ease. IA Iocky-ar- -a-r.
supra, or ia the ease of the County of
| Guiiiord ~. the Georgia company. sn-
pra. when IL was only before the court
on an aspiration for n r-rtinrarl. io
bring IL Ia court did not ,h- c"uri have
/ right Ia consider this case without
III -nii-sins H.: Does not the greater
incl ,idc the les. whether IL H. called
middle ground "r mol:
have not undertaken To- argue the
construction of The at a. given Toy To.
court. 80 far a. know. There !. no
difference of opinion a io this. lay.
/ - FAR a. ! know. a I ann not author
wed Ia speak for Justice Avery on tins
point. Eat | have only cndeayorrd Ia
show that the court j. justified 10y pre-
ccdent in the action IL has taken in
This case.
But will say. in passing from this
ease. that in my opinion the act of th.
i3i b of March. ls.,5, j. 80 little like the
statut. of 18th EliZ. Code Sec. 1870
that il would hardly Ice safe to reason
from the analogy of that statute, ia
construe the act of the l:ih of March.
The statute of Elizabeth does not avoid
any conveyance, unless there l. an in
tent 10 defraud or delay the payment
J oi the creditors of the maker. aud then
such creditors must be defraudad. him
dered and delayed, .r The conveyance
Is valid. This statute, without regard
10 intent or a. To whether any one l.
damaged or not, declares the convey
ancc utterly void, If the maker l. iu-
debted Ia any one else al the time of
maxim The same.
. No. l9s, Fart hing W. Darlington.
Avery. j., dissenting: The siatui.
Code section J61D was enacted in or
der said Pearson, &. y. in Mcket han
: ". Ray, IL y. &. 100 ito dispense with
the formaliiy of summons. complaint
and answer. IL would manif-stly lead
. To absurdiiy To hold that the cont roo
versy without action" was intended to
. include any other than legal contra
. versy. If the statute did not relieve H.
of discussing the general principle by
declaring IN plain terms that il mus
be between parties 10 a question ia
difference, which might Ice the subject
, of a civil action" IL follows NECESSARILY,
that before the court can con sid.r such
a proceeding, III must be satisfied from
he statement that n cause of ac-
: ton exists, and this can only appeal
: when from the sworn statement. how
ever informally or Enthusiastically drawn.
he court can gather facts sufficient la
constitute the subject of civil act ion. -
Hence II has been held that where ID.
"case containing the facts does hot
show that the court has iurisdici ION.
ihc proposed controversy must Ice dis
missed. Little W.. Thorne, -. &C. 90.
. Following numberl.ss precedeufs
beginning with Tucker ". Ia
ker, 81 y. &. !. this court has
ed during the present term ia lie
case oi Webb ". Hicks. Justice Fur
rhes delivering the opinion of TIA.
court, that where facts cannot o.. gath.
'rrd from the whole complaint. thai
would, II true, eLtifl. a plaintiff Ia re-
cover, the action must Ice dismissed
i.assIier ". Roper. ia N.C.l7. In ia.
ra>" nj bar. II H. set forth in ia. sworn
statement that Hiram Jones. one of the
parties, borrowed one hundred dollars
from anoi her party. W. r. Darlington.
on the I'D of March, 1896.
The mortgage with ia. probate and
certificate of registration j. sci fort A
IN iuil, and then follows the portion of
he affidavit upon which the status of
ne Csc IN court depends, which il A.
follows:
That at the time of and befor. ia.
execution of said mort gage. said Hiram
, Jones was Indebted, by note. ioG.C.
! rarthing, above named. in the sum of
one hundred dollars, and said Farthiny
contends that said mort gage is void.
Tor the reason that AT the date Of it,
execution he was creditor of said