Peeler v. . Peeler
Supreme Court of North Carolina
This was a civil ACTION, brought to set aside a deed made by the male defendant to his wife, for fraud, and for possession of the land conveyed by said deed, tried at the August Term, 1891, of the Superior Court of Cleveland County, before Hoke, J. The plaintiff sold and conveyed the land in dispute to his son A. A. Peeler, and took the note of the latter for the purchase-money.
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This was a civil ACTION, brought to set aside a deed made by the male defendant to his wife, for fraud, and for possession of the land conveyed by said deed, tried at the August Term, 1891, of the Superior Court of Cleveland County, before Hoke, J. The plaintiff sold and conveyed the land in dispute to his son A. A. Peeler, and took the note of the latter for the purchase-money. He ultimately sued for a balance due in April, 1889, obtained judgment and soon after caused execution to be issued thereon. At the sale under the execution the plaintiff bought, taking the Sheriff’s deed, bearing…
1Opinion of the CourtAvery, J.
after stating the case, proceeded: Where an insolvent husband has conveyed land to his wife, and a preexisting creditor brings an action to impeach the deed for fraud, the onus is upon her to show that a consideration actually passed in the shape of money paid, something of value delivered, or the discharge of a debt due from the husband to her. Brown v. Mitchell, 102 N. C., 373; Bump, on F. C., pp. 6, 318; Stephenson v. Felton, 106 N. C., 120; Osborne v. Wilkes, 108 N. C., 669; Woodruff v. Bowles, 104 N. C , 213; Bigelow on Fraud, 136. To this extent she is required to assume a burden not…
2Cases cited6 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
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3Cited by19 opinions
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- Nytco Leasing, Inc. v. Southeastern Motels, Inc.Court of Appeals of North Carolina · 1979
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Scott v. CommissionerUnited States Tax Court · 1978
- Eddleman v. . LentzSupreme Court of North Carolina · 1911
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