Legal Opinion

Carr v. . Fearington and Others

Supreme Court of North Carolina

Decided June 5, 1869PublishedCited by 11 opinions

Bill, to set aside a conveyance alleged to be fraudulent as against creditors, transmitted from Chatham Court of Equity, Fall Term 1868. The facts are stated in the Opinion.

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Bill, to set aside a conveyance alleged to be fraudulent as against creditors, transmitted from Chatham Court of Equity, Fall Term 1868. The facts are stated in the Opinion. On the argument of the case at January Term 1869, upon its being suggested that the vendor had been adjudicated a bankrupt since the filing of the bill, the Court ordered the cause to be continued, and notice served upon the assignee in bankruptcy to come forward and make himself a party, or waive his rights to do so. In consequence thereof such assignee elected at this term to be made a party defendant, and was admitted…

1Opinion of the CourtRodman, J.

This is a bill in Equity, filed returnable to Spring Term 1867, of the Court of Equity for Chatham. It alleges that complainant is a creditor of John J. Eearington by several bonds made in 1862 and 1863; that on September 11th, 1866, Eearington conveyed to D. A. Mebane, certain personal property; that about the same time he conveyed to David A. Mebane certain land on which his mother had resided, and (by a separate conveyance) certain enumerated .articles of personal property; that about the same time he conveyed to John Atwater, his son-in-law, his New Hope trac t of land, at the pretended…

2Cited by11 opinions

  1. Scott v. . TimberlakeSupreme Court of North Carolina · 1880
  2. Southern Loan & Trust Co. v. BenbowDistrict Court, W.D. North Carolina · 1899
  3. Taylor v. TaylorNew Jersey Court of Chancery · 1900
  4. Walke v. . MoodySupreme Court of North Carolina · 1871
  5. Kimberling v. HartlyUnited States Circuit Court · 1880

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