Legal Opinion

Kelly Springfield Tire Co. v. Lester

Supreme Court of North Carolina

Decided November 4, 1925PublishedCited by 35 opinions

1Opinion of the CourtVaesee, J.

The evidence tends to sustain the contentions of both plaintiffs and the defendants, and therefore appropriate issues must be submitted to the jury in order for the facts to be determined.

The principles relating to fraudulent conveyances are set out in Aman v. Walker, 165 N. C., 227, by the late Justice Allen, as follows:

“(1) If the conveyance is voluntary, and the grantor retains property fully sufficient and available to pay his debts then existing, and there is no actual intent to defraud, the conveyance is valid.
“(2) If the conveyance is voluntary, and the grantor did not retain property…

2Cases cited69 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. Gaylord v. GaylordSupreme Court of North Carolina · 1909
  3. Smith v. Proctor.Supreme Court of North Carolina · 1905
  4. Aman v. . WalkerSupreme Court of North Carolina · 1914
  5. Shields v. . WhitakerSupreme Court of North Carolina · 1880

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

3Cited by35 opinions

  1. Bowen v. DardenSupreme Court of North Carolina · 1954
  2. Waddell v. CarsonSupreme Court of North Carolina · 1957
  3. Elmore v. AustinSupreme Court of North Carolina · 1950
  4. Carlisle v. . CarlisleSupreme Court of North Carolina · 1945
  5. Schwarz v. United StatesCourt of Appeals for the Fourth Circuit · 1951

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API