Rankin v. . Shaw
Supreme Court of North Carolina
Civil ACTION, in the nature of a creditor’s bill, heard before MaaBae, Judge, at November Term, 1885, of the Superior Court of Cumberland county.
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Civil ACTION, in the nature of a creditor’s bill, heard before MaaBae, Judge, at November Term, 1885, of the Superior Court of Cumberland county. The plaintiffs having recovered several judgments against the defendant Mary H. Shaw, before a Justice of the Peace, and caused them to be docketed in the Superior Court of Cumberland county, in this action, begun on January 3rd, 1884, and prosecuted on behalf of all her creditors, seek to have set aside and declared fraudulent and void, a deed executed by her, previous to the attaching of their liens, wherein she undertakes to convey to the…
1Opinion of the CourtSmith, C. J.
(after stating the facts). In Markham v. Hicks, 90 N. C., 204, decided two years since, upon a full consideration of the subject, the Court uses this language in regard to the result reached:
“The estate of the debtor, remains after the allotment, as before, the same, whether it be in fee, for life, or for years. It is this estate in its entirety in the exempt land, which the creditor is not allowed to sell under final process, by the mandate of the Constitution, and to which no judgment lien now attaches, when the debt was contracted, or the cause of action occurred, since May 1st 1877.”
The…
2Cases cited3 opinions
- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Duvall v. . RollinsSupreme Court of North Carolina · 1873
3Cited by17 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- Hyman v. SternCourt of Appeals for the Fourth Circuit · 1930
- Dortch v. . BentonSupreme Court of North Carolina · 1887
- Vanstory v. . ThorntonSupreme Court of North Carolina · 1893
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