Sutton v. . Wells
Supreme Court of North Carolina
Appeal by plaintiffs from Shaw, J., at September Term, 1917, of Haywood. Tbis action in the nature of a creditor’s bill was brought by the creditors of M. M. Wells against said M. M. Wells, Maggie R. Treadway and husband, and 0. T. Wells, to recover judgment against said M. M. Wells for the respective amounts due each creditor and to set aside as fraudulent a deed executed by C. T. Wells to Maggie R. Treadway and to have her declared a trustep of the land in said deed for M.…
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Appeal by plaintiffs from Shaw, J., at September Term, 1917, of Haywood. Tbis action in the nature of a creditor’s bill was brought by the creditors of M. M. Wells against said M. M. Wells, Maggie R. Treadway and husband, and 0. T. Wells, to recover judgment against said M. M. Wells for the respective amounts due each creditor and to set aside as fraudulent a deed executed by C. T. Wells to Maggie R. Treadway and to have her declared a trustep of the land in said deed for M. M. Wells. The defendants admitted the several amounts alleged to be due each creditor in the complaint and the only…
1Opinion of the Court
ClaRK, 0. J.
The assignments of error are'all to evidence under Rev., 1631.
Exception 1 was for permitting Maggie R. Treadway to state what transaction she had with M. M. Wells and R. Winfield in regard to the deeds from M. M. Wells to Winfield and from Winfield to her. The exception to this testimony was well taken. While the administrator of M. M. Wells is in form a party defendant the recovery, if made by the plaintiffs, will be in favor of the creditors of that estate and Maggie R. Treadway is testifying in her own interest against the creditors of her brother’s estate.
Exception 2. That…
2Cases cited8 opinions
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
- Weinstein & Bro. v. PatrickSupreme Court of North Carolina · 1876
- Armfield v. . ColvertSupreme Court of North Carolina · 1889
- Hall v. HollomanSupreme Court of North Carolina · 1904
- In Re Worth's WillSupreme Court of North Carolina · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Carswell v. Greene Ex Rel. GreeneSupreme Court of North Carolina · 1960
- Hardison v. GregorySupreme Court of North Carolina · 1955
- Smith v. DeanCourt of Appeals of North Carolina · 1968
3 more not listed; retrieve them via the Exa API.