Tuck v. . Walker
Citations
- 11 S.E. 183
- 106 N.C. 285
Syllabus
<p>Judgment Creditor — Sale of Land for Assets — Personal Properly— Administrators — Demurrer — The Code — Fraud of Creditors.</p> <p>1. A judgment was obtained and docketed in 1878 against one W., who afterwards purchased a tract of land, and, being at the time indebted beyond his ability to pay, executed a deed to one C. The assignee, for value of the judgment brought action to declare void the conveyance, and to have the land' sold in discharge thereof. The defendant demurred that only the administrator cf W. could maintain' an action to sell W.’s land: Held, that the demurrer must be sustained.</p> <p>2. The Code, §1446, provides explicitly for sale of lands for assets which have been conveyed in fraud of creditors.</p> <p>3. The administrator, and not the judgment creditor, is the proper person to sell lands to pay judgment debts, for it is the duty of the administrator to exhaust the personal property for this purpose before the real estate can be reached.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating plaintiff’s nonsuit of his claim, when defendant had not filed a claim for affirmative relief, necessarily rendered any questions involved in appeal moot, because there was nothing upon which the judgment of the appellate court could effectively operate
- “A case becomes moot when it . . . seeks 20 judgment upon some matter which, when rendered, for any reason, cannot have any practical legal effect upon a then existing controversy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Avery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.