R. M. Sutton Co. v. Wells
Supreme Court of North Carolina
Appeal by plaintiffs from McElroy, J., at the January Term, 1919, of Haywood. This is an action brought by the creditors-of M. M. Wells, in the nature of a creditor’s bill, against the said M. M. Wells, Maggie R. Treadway and husband, J. R. Treadway, and C. T. Wells to recover judgment against the said M. M. Wells for amounts due each creditor, respectively, and to set aside a deed as fraudulent executed by O. T. Wells and wife to Maggie R. Treadway, at the instance of M. M.…
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Appeal by plaintiffs from McElroy, J., at the January Term, 1919, of Haywood. This is an action brought by the creditors-of M. M. Wells, in the nature of a creditor’s bill, against the said M. M. Wells, Maggie R. Treadway and husband, J. R. Treadway, and C. T. Wells to recover judgment against the said M. M. Wells for amounts due each creditor, respectively, and to set aside a deed as fraudulent executed by O. T. Wells and wife to Maggie R. Treadway, at the instance of M. M. Wells, and to have Maggie R. Treadway declared a trustee, holding the land described in said deed in trust for M. M.…
1Opinion of the CourtAlleN, J.
Tbe first position of the plaintiffs cannot be sustained because they are subsequent creditors, and they admit that M. M. Wells owed nothing at the time of the execution of the deeds they seek to attack, the controlling principle being stated in Aman v. Walker, 165 N. C., 227, as follows: “If the conveyance is voluntary, and the grantor -did not retain property fully sufficient and available to pay his debts then existing, it is invalid as to creditors; but it cannot be impeached by subsequent creditors without proof, of'the existence of a debt at the time of its execution, which is unpaid,…
2Cases cited4 opinions
- Aman v. . WalkerSupreme Court of North Carolina · 1914
- Pritchard v. SmithSupreme Court of North Carolina · 1912
- Alford v. . MooreSupreme Court of North Carolina · 1913
- Shelton v. . HamptonSupreme Court of North Carolina · 1845
3Cited by2 opinions
- Wallace v. PhillipsSupreme Court of North Carolina · 1928
- Wallace v. . PhillipsSupreme Court of North Carolina · 1928