Legal Opinion · Concurrence

Holden v. . Strickland

Supreme Court of North Carolina

Decided February 5, 1895Published

Civil aotioN, heard before Shuford, J., at April Term, 1893, of FRANicliN Superior Court. There was judgment for the plaintiff and defendants appealed. The facts appear in the opinion of Associate Justice Furohes.

1ConcurrenceOlaeK, J.

(concurring) : Richard Holden died leaving an indebtedness for the balance due on purchase money for land and no personal property applicable to his debts. Prior to his death he had divided this land, the sole property he had, among his three children, one of whom is the defendant, and conveyed it to them by deed. Thejury find that Richard Holden at the time of these conveyances by him did not retain sufficient property to pay his debts and available for that purpose and that the defendant received one-tliird of the land in value. The deeds on their face express that they are made in…

2Cases cited5 opinions

  1. Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
  2. Badger v. . DanielSupreme Court of North Carolina · 1878
  3. Schermerhorn v. BarhydtNew York Court of Chancery · 1841
  4. Green, Ex'r v. . Green .Supreme Court of North Carolina · 1873
  5. Smith v. . WashingtonSupreme Court of North Carolina · 1829

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