Crummen v. . Bennet
Supreme Court of North Carolina
This was an action brought to recover real property, and “tried before his Honor, Buxton, J., at the Spring Term, 1872, •of Moore Superior Court.
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This was an action brought to recover real property, and “tried before his Honor, Buxton, J., at the Spring Term, 1872, •of Moore Superior Court. On the trial there was much evidence offered on both ■.sides, consisting of judgments, executions, deeds and parol testimony; but for the understanding of the case as it was -decided in the Supreme Court, it is only necessary to -state the following facts: The plaintiff was a creditor of Cyrus Bennet, one of the ■defendants, who owned the land in question, and obtained judgment .for his debt in 1869, and had the land sold under .-an execution issued…
1Opinion of the CourtPearson, C. J.
A makes a conveyance of his land to B, which conveyance is fraudulent and void as against the creditors of A. A creditor takes judgment and issues execution, treating the conveyance to B as void; can the homestead of A be sold ? The creditor treats the conveyance to B as void and of no effect;. take that to be so, how can the creditor have any more right against A than he would have had if the conveyance had not been made ? We .can see no ground to support the position, that an attempt to commit a fraud is a forfeiture of the debtor’s homestead; there is no provision of the kind either in the…
Also in this document: Per curiam.
2Cited by37 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Fellows v. LewisSupreme Court of Alabama · 1880
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
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