Redmond v. . Chandley
Supreme Court of North Carolina
Civil actioN, to set aside a deed as fraudulent, ‘tried before Robinson, J., and a jury, at July Term, 1895, of Madison Superior Court. The impeached deed was executed by the defendant, R. T. Ohandley, to his wife, 'the defendant, N. M. Ohandley.
Read the full summary
Civil actioN, to set aside a deed as fraudulent, ‘tried before Robinson, J., and a jury, at July Term, 1895, of Madison Superior Court. The impeached deed was executed by the defendant, R. T. Ohandley, to his wife, 'the defendant, N. M. Ohandley. It recited a consideration of $1,5C0 paid in money, and was made subject to mortgages aggregating §860. There was evidence that the land was worth §4,000, that the husband was insolvent and much embarrassed by debt at the time of the conveyance, and that he owned no other property, real or personal. Plaintiffs and defendants tendered several issues…
1Opinion of the Court
MONTGOMERY, J.:
Both plaintiff's and defendants tendered issues but the court refused them and substituted the following: 1. Did the defendant, B. T. Ohandley, execute and deliver the deed set out in the complaint to hinder, delay, defeat and defraud creditors? 2. Did defendant, N. M. Ohandley, accept said deed with knowledge of the intent of B. T. Ohandley to hinder, delay, defeat and defraud creditors?
These issues were sufficient to try the question raised by the pleadings — the question whether or not the deed which was executed by the husband Ohandley to his wife was done with intent to…
2Cases cited7 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Peeler v. . PeelerSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Austin v. . StatenSupreme Court of North Carolina · 1900
- Strauss v. City of Wilmington.Supreme Court of North Carolina · 1901
- Eddleman v. . LentzSupreme Court of North Carolina · 1911
- Webb v. AtkinsonSupreme Court of North Carolina · 1899
- Sanford, Chamberlain & Albers Co. v. EubanksSupreme Court of North Carolina · 1910
9 more not listed; retrieve them via the Exa API.