Worthy v. . Caddell
Supreme Court of North Carolina
Fraud— Execution Sale — Bona fide Purchaser for Value. Civil Actios, tried at Pall Term, 1876, of IIaRnett Superior Court, before Fitrches, J. This was a proceeding to sell land for assets commenced in. the Probate Court of Moore County, and transferred to -the Superior Court to try issues involving the title to the land. Upon affidavit of the defendant Caddell, the case was removed to the County of Harnett.
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Fraud— Execution Sale — Bona fide Purchaser for Value. Civil Actios, tried at Pall Term, 1876, of IIaRnett Superior Court, before Fitrches, J. This was a proceeding to sell land for assets commenced in. the Probate Court of Moore County, and transferred to -the Superior Court to try issues involving the title to the land. Upon affidavit of the defendant Caddell, the case was removed to the County of Harnett. "Worthy was appointed administrator of Morrison on the 13th of March, 1871, and after exhausting the personal estate in the payment of debts, filed a petition against the heirs-at-law of…
1Opinion of the Court
PjeaRSON, C J.
This is a proceeding to subject the land mentioned in the pleadings to the payment of the debts of one Morrison, a deceased debtor, on the ground that Morrison procured his land to be sold under fi. fas against him with an intent to defraud his creditors. The defendant faintly traverses the allegation of fraud on the part of Morrison, and takes the ground that he is a bona fide.purchaser, for valuable consideration.
Two issues are presented by the pleadings; 1. Did idorri-son procure his land to be sold under exebtltioh, With an intent to defraud his creditors ? 2. Is the…
2Cases cited1 opinion
- Doe on the Dem. of Lassiter v. DavisSupreme Court of North Carolina · 1870
3Cited by35 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Martin v. WhiteSupreme Court of Georgia · 1902
- Nichols-Steuart v. CrosbyTexas Supreme Court · 1895
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