Legal Opinion

Winchester v. . Gaddy

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 3 opinions

Civil action against the defendant as executor de son tort, tried before Buxton, J., at the Spring Term 1871, of Union Superior Court. The plaintiff commenced his suit in a Justices’ Court upon a note for §131.85, dated 5th January, 1859, and payable with interest, which note was signed by Elizabeth Gaddy now deceased. He recovered a judgment before the Justice and a jury, whereupon the defendant appealed to the Superior Court.

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Civil action against the defendant as executor de son tort, tried before Buxton, J., at the Spring Term 1871, of Union Superior Court. The plaintiff commenced his suit in a Justices’ Court upon a note for §131.85, dated 5th January, 1859, and payable with interest, which note was signed by Elizabeth Gaddy now deceased. He recovered a judgment before the Justice and a jury, whereupon the defendant appealed to the Superior Court. On the trial in the court below, it was conceded that the plaintiff was the owner of this note and that it was justly due for value received, from Elizabeth Gaddy;…

1Opinion of the Court

Reade J.

A conveyance of property by a debtor for his own ease and favor, whereby creditors are delayed or hindered, is fraudulent and void ; and that, even when the conveyance is made for a valuable consideration, or to pay or secure a bona fide debt. But a manifest qualification of this rule is, that the property must be such as the creditor has the right to subject to the payment of his debt.

If a debtor sells his “ wearing apparel, Bible and hymn book, loom,” &e., which are exempt from execution for debt, no matter how or for what purpose he makes the sale, his creditors cannot complain ;…

2Cited by3 opinions

  1. Burton v. . FarinholtSupreme Court of North Carolina · 1882
  2. L & M GAS COMPANY v. LeggettSupreme Court of North Carolina · 1968
  3. L & M GAS COMPANY v. LeggettSupreme Court of North Carolina · 1968

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