Legal Opinion

Peoples Bank & Trust Co. v. MacKorell

Supreme Court of North Carolina

Decided June 6, 1928PublishedCited by 7 opinions

1Opinion of the CourtClarkson, J.

“In Aman v. Walker, 165 N. C., 224, 227, 81 S. E., 162, it was beld that the principles to be deduced from the authorities as to fraudulent conveyances, are (1) If the conveyance is voluntary, and the grantor retains property fully sufficient and available to pay his debts then existing, and there is no actual intent to defraud, the conveyance is valid. (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…

2Cases cited20 opinions

  1. Aman v. . WalkerSupreme Court of North Carolina · 1914
  2. Warren v. . MakelySupreme Court of North Carolina · 1881
  3. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  4. Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
  5. Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910

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3Cited by7 opinions

  1. Unaka & City National Bank of Johnson City v. LewisSupreme Court of North Carolina · 1931
  2. Flowers v. American Agricultural Chemical Co.Supreme Court of North Carolina · 1930
  3. Bender v. American Telephone & Telegraph Co.Supreme Court of North Carolina · 1931
  4. Shuford v. . CookSupreme Court of North Carolina · 1915
  5. Massachusetts Bonding & Insurance v. KnoxSupreme Court of North Carolina · 1942

2 more not listed; retrieve them via the Exa API.

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