Webb v. Atkinson
Supreme Court of North Carolina
Civil Actiow to subject certain funds and lands in the possession of the defendants as assets for the payment of debts of the intestate, alleged to be held by them under fraudulent conveyances, tried before llolce, J., at July Special Term, 1898, of BuNcombe Superior Court. The answer denies all allegations of fraud.
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Civil Actiow to subject certain funds and lands in the possession of the defendants as assets for the payment of debts of the intestate, alleged to be held by them under fraudulent conveyances, tried before llolce, J., at July Special Term, 1898, of BuNcombe Superior Court. The answer denies all allegations of fraud. The following issues, among others, were submitted to the jury: 1. Was the said deed for lands from Natt Atkinson to his sons made by him with intent to hinder, delay and defraud his creditors. Ans. Yes. 2. Did defendants E. B. and O. B. Atkinson purchase and take a deed for said…
1Opinion of the CourtEueches, J.
This case was before us at Spring Term/ 1898, upon a judgement of nonsuit, treated as a demurrer ore tenus, to the complaint (122 N. C., 683). Since that time the case has been tried upon the facts elicited, and is here again upon exceptions taken at the trial.
It is not the practice of this Court to review its opinion rendered on a former hearing, upon a second appeal in the same case, and we do not propose to do so now. But as the brief of the learned counsel for defendants has called in question the correctness of our former opinion, we propose to notice it so far as to say that we consider…
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