Marshall v. . Dicks
Supreme Court of North Carolina
Civil ACTION, tried before Cline, J., and a jury, at July Term, 1917, of RANDOLPH. Tbe action was instituted by plaintiff, two of tbe children, heirs at law and distributees of M. 0. Dicks, deceased, to enforce tbe payment of $5,600, being balance due on a note and mortgage executed by G. F. Hankins to Mrs. M. 0. Dicks (now deceased) and transferred by written assignment absolute in terms to defendant R. P. Dicks, a son of Mrs. Dicks, sucb transfer and assignment alleged by…
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Civil ACTION, tried before Cline, J., and a jury, at July Term, 1917, of RANDOLPH. Tbe action was instituted by plaintiff, two of tbe children, heirs at law and distributees of M. 0. Dicks, deceased, to enforce tbe payment of $5,600, being balance due on a note and mortgage executed by G. F. Hankins to Mrs. M. 0. Dicks (now deceased) and transferred by written assignment absolute in terms to defendant R. P. Dicks, a son of Mrs. Dicks, sucb transfer and assignment alleged by plaintiffs to have been in trust to collect tbe proceeds and pay to said M. 0. Dicks if living, and if collected after…
1Opinion of the CourtHoke, J.
Tbe evidence on tbe part of plaintiff tended to show that during ber lifetime, Mrs. M. 0. Dicks, now deceased, bolding a note and mortgage on which there was a balance due of $5,600, transferred same by written assignment absolute in terms to her son, defendant R. P. Dicks, and at tbe time of tbe transfer there was an agreement by parol that tbe assignee should bold and collect tbe note in trust for bis mother; that at sucb time tbe said M. 0. Dicks was involved in debt and tbe transfer was made by ber with tbe intent and purpose to avoid payment of ber debts. Said M. 0. Dicks thereafter…
2Cases cited16 opinions
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- McMullen v. HoffmanSupreme Court of the United States · 1899
- Armstrong v. TolerSupreme Court of the United States · 1826
- Coppell v. HallSupreme Court of the United States · 1869
- Richardson v. BuhlMichigan Supreme Court · 1889
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3Cited by14 opinions
- Price v. . EdwardsSupreme Court of North Carolina · 1919
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- In Re the Receivership of Port Publishing Co.Supreme Court of North Carolina · 1950
- Rush v. McPhersonSupreme Court of North Carolina · 1918
- Lexington Insulation Company v. Davidson CountySupreme Court of North Carolina · 1955
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