Legal Opinion

Henderson v. . Forrest

Supreme Court of North Carolina

Decided October 18, 1922PublishedCited by 16 opinions

Appeal by realty company from Grcmm&r, J., at February Term, 1922, of Chaven-. On 17 December, 1920, Eay Henderson brought suit against J. L. Forrest and bis wife Sarab to recover $6,500 due on a promissory note for tbis amount, executed to him 29 April, 1920, and on -25 January, 1921, be made Herman D. Forrest and Howard L. Forrest, sons of J. L. Forrest, defendants, and alleged that their father bad conveyed to them certain real estate with intent to defraud the plaintiff,…

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Appeal by realty company from Grcmm&r, J., at February Term, 1922, of Chaven-. On 17 December, 1920, Eay Henderson brought suit against J. L. Forrest and bis wife Sarab to recover $6,500 due on a promissory note for tbis amount, executed to him 29 April, 1920, and on -25 January, 1921, be made Herman D. Forrest and Howard L. Forrest, sons of J. L. Forrest, defendants, and alleged that their father bad conveyed to them certain real estate with intent to defraud the plaintiff, and that they bad participated in the fraud. On 31 January, 1921, J. L. Forrest and bis wife instituted suit against…

1Opinion of the CourtAdams, J.

All the issues, except the fifth and the sixth, were answered by the jury in favor of the appellants, and several of the exceptions, relating to these two present the same question. For this reason the merits of the controversy do not require extended discussion.

The appellants first except to the order consolidating the cases on the ground that such consolidation resulted in confusion which was prejudicial to the appellants, and that the court had no authority to make the order. In Hartman v. Spiers, 87 N. C., 28, it is held that the consolidation of actions is not authorized where they are…

2Cases cited14 opinions

  1. Moffitt v. . ManessSupreme Court of North Carolina · 1889
  2. Cumming v. . BarberSupreme Court of North Carolina · 1888
  3. Braswell v. . PopeSupreme Court of North Carolina · 1880
  4. Morrison v. . BakerSupreme Court of North Carolina · 1879
  5. Abbott v. Hunt.Supreme Court of North Carolina · 1901

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. North Carolina National Bank v. GillespieSupreme Court of North Carolina · 1976
  2. Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
  3. BORDEN, INCORPORATED v. BrowerSupreme Court of North Carolina · 1973
  4. Hite v. . AydlettSupreme Court of North Carolina · 1926
  5. Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933

11 more not listed; retrieve them via the Exa API.

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