Supreme Court of North Carolina September 5, 1892 (Rouse v. . Bowers)

Shepherd, CaJ.:

When this case was before us on a former appeal (108 N. C., 182), we held that there was error in charging the trustee Matthews with the amount paid out by him under the terms of the deed of trust before the commencement of the action to set it aside, or before he had knowledge-of the fraudulent intent of the assignors.