Pierce v. . Stallings
Supreme Court of North Carolina
Appeal by plaintiffs from Garter, J., at May Term, 1913, of JOHNSTON. Civil action to set aside a deed, on the ground tbat same was made with intent to defraud the creditors of the grantor. There was judgment sustaining demurrer, and plaints excepted and appealed.
1Opinion of the Court
"HoKB, J.
The complaint alleged, in substance, that on 1 June, 1909, D. F. Pierce, owning several tracts of land, conveyed same to his then wife, Julia Pierce, since intermarried with defendant Stallings, and that said conveyance was made with intent to delay, hinder, and defraud the creditors of the grantor; that said grantor having died, the plaintiffs, his children and heirs at law, instituted the present action to set aside said deed by reason of said fraudulent purpose. There is no allegation nor suggestion in the complaint that the plaintiffs are creditors of the grantor or purchasers…
2Cases cited3 opinions
- Saunders v. . LeeSupreme Court of North Carolina · 1888
- Reynolds v. FaustSupreme Court of Missouri · 1903
- Campbell & Zell Co. v. RossIllinois Supreme Court · 1900
3Cited by1 opinion
- Ellington v. . CurrieSupreme Court of North Carolina · 1847