Hood Ex Rel. Pinetops Banking Co. v. Cobb

There are ten assignments of error in tbe record, six of which, Nos. 3, 4, 6, 7, 8, and 9, are to tbe action of tbe court in placing the burden of proof upon the plaintiff on the second issue, that is, placing upon the plaintiff the burden of showing by a preponderance of the evidence that the defendant James L. Cobb, at the time of the conveyance, 22 November, 1930, did not retain property fully sufficient and available to pay his then existing creditors. We think his Honor was correct in so placing the burden of proof. The plaintiff’s alleged cause of action is governed by the provisions of…