Troughton v. . Johnston

3 N.C. 328

Opinion

The negro sued for belonged to Troughton, and was pledged to Johnston as security for a sum of money due from the former to the latter. Four years intervened, and the negro was exposed to public auction by direction of Troughton, and bid off by Johnston. It is now said the purchase by Johnston was a mere pretence, and by agreement between him and Troughton, the real object having been to sell to Kirk, a buyer of negroes, by running him up to a high price, and by bidding off for Troughton, if Kirk would not bid as high as the sum contemplated. Such agreement is fraudulent, and Troughton, a party to that fraud, cannot allege for the purpose of avoiding the sale. But if the jury think a new agreement was made afterwards, which revested the property in Troughton, then the sale has lost its effect.

NOTE. — See Smith v. Greenlee, 13 N.C. 126.