Eddleman v. . Lentz
Supreme Court of North Carolina
Appeal from Lyon, J., at April Special Term, 1911, of Bowak. This action was brought to set aside certain conveyances of real estate' executed by the insolvent defendant, H. C. Lentz, to his wife, Mary A. Lentz, on the ground that they were made in fraud of creditors. On 7 May, 1904, defendant H. 0. Lentz, as principal, with H. T. G-raeber, J. L. Eendleman, J. M. Eddle-man, W. Gr.
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Appeal from Lyon, J., at April Special Term, 1911, of Bowak. This action was brought to set aside certain conveyances of real estate' executed by the insolvent defendant, H. C. Lentz, to his wife, Mary A. Lentz, on the ground that they were made in fraud of creditors. On 7 May, 1904, defendant H. 0. Lentz, as principal, with H. T. G-raeber, J. L. Eendleman, J. M. Eddle-man, W. Gr. Patterson, L. O. Lingle, F. E. Oorriber, J\ L. Hols-houser, and G. A. Bamseur, as sureties, executed a note to the Davis & Wiley Bank of Salisbury, N. 0., in the sum of $2,000, for value received. H. C. Lentz…
1Opinion of the Court
Walker,, J.
Tbe defendants demurred ore tenus to tbe complaint, upon tbe ground tbat tbe complaint did not state a good cause of action, plaintiffs baying failed to allege therein tbat tbe judgment against H. 0. Lentz and bis sureties bad been paid by tbe latter and assigned to a trustee for them. Tbe pleading, it is true, was not drawn witb tbat regard for technical precision and accuracy which even tbe liberal provisions of Tbe Code require. It must not be supposed tbat because pleadings are now under Tbe Code construed favorably to tbe pleader, to effectuate the main purpose of having cases…
2Cases cited21 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Benne v. SchneckoSupreme Court of Missouri · 1889
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
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3Cited by16 opinions
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- Hartsfield v. . BryanSupreme Court of North Carolina · 1919
- Davis v. RhodesSupreme Court of North Carolina · 1949
- Sexton v. . FarringtonSupreme Court of North Carolina · 1923
- Gray v. . CartwrightSupreme Court of North Carolina · 1917
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