Pullen v. . Hutchins
Supreme Court of North Carolina
Civil action tried before Watts, J., at a Special Term of Wake Superior Court, 1872. This action was brought by the plaintiffs as creditors of the estate of John Hutchins, deceased, against J. F. Hutchins personally and as executor, and against J. P. H. Russ and wife, and Russ as guardian of his minor children, legatees, devisees and heirs at law of John Hutchins, deceased, and against the other defendants, Wilder and others, purchasers of the real estate devised.
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Civil action tried before Watts, J., at a Special Term of Wake Superior Court, 1872. This action was brought by the plaintiffs as creditors of the estate of John Hutchins, deceased, against J. F. Hutchins personally and as executor, and against J. P. H. Russ and wife, and Russ as guardian of his minor children, legatees, devisees and heirs at law of John Hutchins, deceased, and against the other defendants, Wilder and others, purchasers of the real estate devised. The complaint demands judgment that the defendant, J. P. H. Russ, account for all money received by him in his own right, and ás…
1Opinion of the Court
Pearson, C. I.
It is a maxim of the common law, “ A man must be just, before he is generous.” In affirmance ot this principle, the stat. 13 Eliz. declares all gifts void, as against creditors. There is no qualification or exception, and a donee could not retain the property as long as a single debt of his donor, existing at a time of the gilt, was left unpaid. O’Daniel vs. Crawford, 4 Dev., 197.
The act 1840, Rev. Code, ch. 50, sec. 3, makes a qualification in cases where the donor, at the time of the gift “ retained property, fully sufficient and available for the satisfaction of all of his…
2Cited by5 opinions
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