McKinnon v. . McDonald
Supreme Court of North Carolina
This bill was filed in the Court of Equity of Cumberland County, and removed by consent to this Court. The plaintiff alleges that the defendant, Alexander McDonald, was indebted to him in the sum of $134, in two several notes, on which he recovered judgments before justices of the peace, and took out executions thereon — that the same were levied on the tract of land which is the subject of this controversy, and that it was sold to the defendant McLeran, for the sum of one…
Read the full summary
This bill was filed in the Court of Equity of Cumberland County, and removed by consent to this Court. The plaintiff alleges that the defendant, Alexander McDonald, was indebted to him in the sum of $134, in two several notes, on which he recovered judgments before justices of the peace, and took out executions thereon — that the same were levied on the tract of land which is the subject of this controversy, and that it was sold to the defendant McLeran, for the sum of one dollar, and that no part of his debt has been satisfied. He further alleges, that the land in question, was bought by the…
1Opinion of the CourtPearson, J.
The plaintiff, -who is a creditor of the defendant McDonald, seeks to subject the land mentioned in the pleadings, to the payment of his debts, on the ground that, although the title is in the defendant, Eliza, the wife of the other defendant, yet the land was paid for with his money, and she holds the title in trust for him ; which trust Equity will subject to the claims of creditors.
The defense is, that the land was paid for with the earnings of the wife ; that the husband being an intemperate, thriftless man, long before the plaintiff’s debt was contracted, gave his wife the privilege of…
2Cited by7 opinions
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Brantley v. . FinchSupreme Court of North Carolina · 1887
- State v. . RobinsonSupreme Court of North Carolina · 1907
- Summey v. . PattonSupreme Court of North Carolina · 1864
- Kederick v. HeintzlemanDistrict Court, D. Alaska · 1956
2 more not listed; retrieve them via the Exa API.