Legal Opinion

Hawkins v. . Hughes

Supreme Court of North Carolina

Decided October 5, 1882PublishedCited by 20 opinions

Civil Action tried at July Special Term., 18&2, of Vance-Superior Court, before Graves, J. The plaintiffs, having obtained a judgment against the-male defendant for $752.56, in Warren superior court, and caused it to be docketed in Granville superior court, bring this aetion, in which they allege that the said defendant being indebted to them and insolvent,, contracted to-buy the-land described in the complaint of one Kittle, and after-wards paid for the same, and on the…

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Civil Action tried at July Special Term., 18&2, of Vance-Superior Court, before Graves, J. The plaintiffs, having obtained a judgment against the-male defendant for $752.56, in Warren superior court, and caused it to be docketed in Granville superior court, bring this aetion, in which they allege that the said defendant being indebted to them and insolvent,, contracted to-buy the-land described in the complaint of one Kittle, and after-wards paid for the same, and on the 18th of March, 1877,. procured a deed from Kittle to be made to his wife, the feme-defendant, in order to conceal his…

1Opinion of the CourtRuffin, J.

The court is inclined to the 'Opinion, inasmuch as the defendant debtor had no estate, and never had, in the land which is the subject of controversy, that, perhaps, a distinction might be drawn between the presentcase and Hinsdale v. Sinclair, 83 N. C., 338, and Caskill v. Lancashire, Ib., 393, in support of the plaintiffs’ right to have their independent action. But, though-very ably argued at the bar, we have not felt called -upon to decide that point, nor how far the court -might have restricted them, in case objection had been-made in apt.ti-me, to such relief asmight have been bad in…

2Cases cited4 opinions

  1. Smith v. . MooreSupreme Court of North Carolina · 1878
  2. Hinsdale v. . SinclairSupreme Court of North Carolina · 1880
  3. Walton v. . WaltonSupreme Court of North Carolina · 1879
  4. Winfield v. . BurtonSupreme Court of North Carolina · 1878

3Cited by20 opinions

  1. State Ex Rel. Lambert v. FlynnSupreme Court of Missouri · 1941
  2. McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
  3. Warren v. . SusmanSupreme Court of North Carolina · 1915
  4. Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
  5. Hicks v. . BeamSupreme Court of North Carolina · 1893

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