Calvert v. . Alvey
Supreme Court of North Carolina
Appeal from Justice, J., at March Term, 1910, of BuNCOMBE. The action is brought by the assignee of certain judgments against ~W. H. Penland and others to set aside, on ground of fraud, a certain deed in trust dated 20 July, 1897, executed by W. H. Penland, Mary B., Althea M. and Mary C. Penland to Joseph E. Dickerson, trustee, covering nine tracts of land, securing the payment of a note to Mrs. O. B. Alvey in the sum of $10,000. It appears on the face of the deed in trust…
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Appeal from Justice, J., at March Term, 1910, of BuNCOMBE. The action is brought by the assignee of certain judgments against ~W. H. Penland and others to set aside, on ground of fraud, a certain deed in trust dated 20 July, 1897, executed by W. H. Penland, Mary B., Althea M. and Mary C. Penland to Joseph E. Dickerson, trustee, covering nine tracts of land, securing the payment of a note to Mrs. O. B. Alvey in the sum of $10,000. It appears on the face of the deed in trust that it is made subject to a mortgage to J. E. Rumbough, trastee, for $8,000, and also a deed in trust to Jacob Friedman,…
1Opinion of the CourtBbowN, J.
This action is brought by a judgment creditor to set aside certain conveyances alleged to be fraudulent and to subject the property so conveyed, together 'with the rents and profits thereof, to the payment of the plaintiff’s judgments, and to reach and subject in the hands of the defendant Alvey lands which are alleged to belong to certain of the defendants in said judgments, with an accounting for the rents and profits thereof and the proceeds of lands so held which are alleged to have been sold by said defendant.
The judgments sued on were taken on notes due the First National Bank of…
2Cases cited13 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Peeler v. . PeelerSupreme Court of North Carolina · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Steele v. . CoxeSupreme Court of North Carolina · 1945
- Kerns v. Washington Water Power Co.Idaho Supreme Court · 1913
- Buhl State Bank v. GlanderIdaho Supreme Court · 1936
- Brummund v. RomigIdaho Supreme Court · 1938
- Haynes v. . RogersSupreme Court of North Carolina · 1892