Dortch v. . Benton
Supreme Court of North Carolina
Civil action, tried before Shepherd, Judge, at- January Term, 1887, of Wayne Superior Court. The plaintiffs are creditors of the husband defendant, and it appears that the latter being insolvent, purchased the tract •of land described in the complaint at the price of $3,500; that of this price he paid the sum of $1,600, and with the view to defraud and in fraud of his creditors, he procured ifche title to the land to be made to his wife, the feme defend,-ant, and he and she…
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Civil action, tried before Shepherd, Judge, at- January Term, 1887, of Wayne Superior Court. The plaintiffs are creditors of the husband defendant, and it appears that the latter being insolvent, purchased the tract •of land described in the complaint at the price of $3,500; that of this price he paid the sum of $1,600, and with the view to defraud and in fraud of his creditors, he procured ifche title to the land to be made to his wife, the feme defend,-ant, and he and she at once executed a mortgage of the same to the defendant, W. H. Johnson, to secure the balance of the purchase money…
1Opinion of the Court
MekrimoN, J.,
(after stating the case). It was decided in Crummen v. Bennet, 68 N. C., 494, that a party who conveyed his lands to another in fraud of his creditors, did not thereby forfeit his homestead, and leave it subject to be sold under execution to pay his debts, because as to it, the conveyance was not fraudulent — the creditor could not have sold it, if the conveyance had not been made — it was not subject to be sold under execution; in that respect he suffered no detriment. The fraud consisted in conveying the land — that part of it not embraced by the homestead ; this was subject to…
2Cases cited4 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Duvall v. . RollinsSupreme Court of North Carolina · 1874
- Rankin v. . ShawSupreme Court of North Carolina · 1886
- Mebane v. . LaytonSupreme Court of North Carolina · 1883
3Cited by12 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Alexander v. BobierSupreme Court of Oklahoma · 1917
- Winchester-Simmons Co. v. . CutlerSupreme Court of North Carolina · 1930
- Evans v. EvansSupreme Court of Oklahoma · 1937
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