Michael v. Moore
Supreme Court of North Carolina
Appeal from Long, J., at May Term, 1911, of Catawba. Tire plaintiff, at May Term, 1908, of Catawba Superior Court, obtained a judgment against J. 0. Moore, one of the defendants, for $300 and costs in a suit for damages for malicious prosecution. At tbe time the judgment was taken the defendant J. O. Moore owned a tract of land in Alexander County.
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Appeal from Long, J., at May Term, 1911, of Catawba. Tire plaintiff, at May Term, 1908, of Catawba Superior Court, obtained a judgment against J. 0. Moore, one of the defendants, for $300 and costs in a suit for damages for malicious prosecution. At tbe time the judgment was taken the defendant J. O. Moore owned a tract of land in Alexander County. He gave notice of appeal from the said judgment to this Court, being allowed time within which to perfect such appeal, which appeal was not, in fact, prosecuted. Before the time for perfecting said appeal had expired, and before the plaintiff…
1Opinion of the Court
"Walker, J.,
after stating the case: We entertain no doubt as to the plaintiff’s right to follow the fund invested by his debtor in improvements upon his wife’s land. No principle is better settled by our decisions than the one that an insolvent debtor cannot withdraw money from his own estate and give it to another to be invested by him in the purchase or improvement of his property, and when it is done, creditors may subject the property so purchased or improved to the payment of their claims. Guthrie v. Bacon, 107 N. C., 338, and cases cited; McGill v. Harmon, 55 N. C., 179; Gentry v.…
2Cases cited8 opinions
- Edwards v. . CulbersonSupreme Court of North Carolina · 1892
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Burton v. . FarinholtSupreme Court of North Carolina · 1882
- McCanless v. . FlinchumSupreme Court of North Carolina · 1883
- Pender v. . MallettSupreme Court of North Carolina · 1898
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3Cited by22 opinions
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- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Nye v. OatesCourt of Appeals of North Carolina · 1989
- Sexton v. . FarringtonSupreme Court of North Carolina · 1923
- Scott v. CommissionerUnited States Tax Court · 1978
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