Nadal v. . Britton
Supreme Court of North Carolina
(DEPENDANTS’ APPEAL.) Civil action, tried at February Term, 1892, of Wilson Superior Court, before Bryan, J., and a jury.
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(DEPENDANTS’ APPEAL.) Civil action, tried at February Term, 1892, of Wilson Superior Court, before Bryan, J., and a jury. It was in the nature of a creditor’s bill against the administrator of Dr. R. W. King, deceased, Peter Hines, trustee in a deed of trust, and Mrs. King, the widow of the deceased, and sought to set aside the deed of trust made by the decedent in February, 1887, and recorded (after his death) in January, 1891, to secure a debt due from the decedent to his wife. The issues submitted to the jury were as follows: 1. Was the trust deed executed and delivered? 2. Was said deed…
1Opinion of the Court
Burwell, J.:
The plaintiffs are creditors of R. W. King, deceased. The defendants are his administrator and his widow. The object of this action is to have declared fraudulent and void a deed in trust, made in February, 1887, by R. W. King to Peter Hines, to secure a debt of $2,500 due from him to his wife. This deed was not registered till January, 1891, a few days after the death of King.
Two issues were submitted to the jury (neither party objecting thereto) as follows:
1. Was the trust deed executed and delivered?
2. Was said deed made with intent to hinder, delay or defraud creditors?
His…
2Cases cited1 opinion
- Hodges Bros. v. LassiterSupreme Court of North Carolina · 1887
3Cited by4 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Howard v. . EarlySupreme Court of North Carolina · 1900