Everett v. Gainer
Supreme Court of North Carolina
1Opinion of the CourtBranch, J.
The sole question presented for decision is: Did the court below err in entering judgment of nonsuit at the close of plaintiffs’ evidence?
In the case of Aman v. Walker, 165 N.C. 224, 81 S.E. 162, Justice Allen states the principles relating to fraudulent conveyances, two of the pertinent principles being as follows:
“(2) If the conveyance is voluntary, and the grantor did not retain property fully sufficient and available to pay his debts then existing, it is invalid as to creditors; but it cannot be impeached by subsequent creditors without proof of the existence of a debt at the time of its…
2Cases cited15 opinions
- Aman v. . WalkerSupreme Court of North Carolina · 1914
- Ramming Real Estate Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1941
- Peeler v. . PeelerSupreme Court of North Carolina · 1891
- Eddleman v. . LentzSupreme Court of North Carolina · 1911
- California Consolidated Mining Co. v. ManleyIdaho Supreme Court · 1905
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3Cited by7 opinions
- Clark v. ClarkSupreme Court of North Carolina · 1980
- Nytco Leasing, Inc. v. Southeastern Motels, Inc.Court of Appeals of North Carolina · 1979
- Reagan v. BairdAppellate Court of Illinois · 1986
- Wurlitzer Distributing Corp. v. SchofieldCourt of Appeals of North Carolina · 1980
- Reynolds and Reynolds Co. v. TartDistrict Court, W.D. North Carolina · 1997
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