Clement v. . Cozart
Supreme Court of North Carolina
Civil action by plaintiff, as administrator of Amos Gooch, deceased, in behalf of himself as administrator and all other creditors of James C. Cozart, against W. W. Cozart, administrator of J. C. Cozart, deceased, and the heirs at law, etc., of said J. C. Cozart, to compel the administrator to sell real estate of deceased for assets to pay his debts. .The plaintiff tendered several issues, all of which were refused, and a single issue was submitted by the Court as follows:…
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Civil action by plaintiff, as administrator of Amos Gooch, deceased, in behalf of himself as administrator and all other creditors of James C. Cozart, against W. W. Cozart, administrator of J. C. Cozart, deceased, and the heirs at law, etc., of said J. C. Cozart, to compel the administrator to sell real estate of deceased for assets to pay his debts. .The plaintiff tendered several issues, all of which were refused, and a single issue was submitted by the Court as follows: “Was the deed executed by James C. Cozart to D. C. Lunsford and Thomas G. Cozart, dated November 21, 1871, made with…
1Opinion of the Court
MacRae, J.:
Was the one issue submitted by the Court such that the appellant was not denied an opportunity to have the law applicable to any material portions of the testimony fairly presented and passed upon by the jury, it being settled that beyond this rule there is no limit to the discretion of the presiding Judge in settling issues? Denmark v. Railroad, 107 N. C., 185.
The main point in this case was whether the deed was fraudulent as to subsequent creditors as well as to creditors existing at the time of its execution, if it were indeed fraudulent as to the latter class. The plaintiff’s…
2Cases cited6 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Worthy v. . BradySupreme Court of North Carolina · 1884
- Morehead Banking Co. v. WhitakerSupreme Court of North Carolina · 1892
- Braswell v. . JohnstonSupreme Court of North Carolina · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aman v. . WalkerSupreme Court of North Carolina · 1914
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
- First National Bank of Lumberton v. McCaskillSupreme Court of North Carolina · 1917
3 more not listed; retrieve them via the Exa API.