Standard Oil Co. v. Hunt

• Decision Date: 22 January 1924
• Docket Number: 608.
• Citation: 121 S.E. 184,187 N.C. 157
• Parties: STANDARD OIL CO. ET AL. v. HUNT ET AL.
• Court: North Carolina Supreme Court

121 S.E. 184

187 N.C. 157

STANDARD OIL CO. ET AL. v. HUNT ET AL.

No. 608.

Supreme Court of North Carolina

January 22, 1924

Appeal from Superior Court, Clay County; Lane, Judge.

Action by the Standard Oil Company and others against W. T. Hunt the F. S. Royster Guano Company, and others. Judgment for plaintiffs, and the F. S. Royster Guano Company appeals. No error.

Civil action in the nature of a judgment creditors' bill brought to set aside two mortgages, one given to F. S Royster Guano Company and the other to Cherokee Hardware Company by W. T. Hunt and wife with the intent, it is alleged, to hinder, delay, and defraud Hunt's other creditors, plaintiffs herein. Upon denial of plaintiffs' allegations and issues joined, there was a verdict and judgment in favor of plaintiffs, from which the defendant F S. Royster Guano Company appealed.

D Witherspoon and Moody & Moody, all of Murphy, for appellant.

John H. Dillard, of Murphy, Anderson & Gray, of Hayesville, and Thos. J. Hill, of Greensboro, for appellees.

STACY J.

The single question presented by this appeal arises upon the appellant's demurrer to the evidence and motion for judgment as of nonsuit made under C. S. § 567. Viewing the evidence in its most favorable light for the plaintiffs, the accepted position on a motion of this kind, we find the following facts sufficiently established, or as reasonable inferences to be drawn from the testimony:

(1) From 1919 to 1922, W. T. Hunt was engaged in the mercantile business at Hayesville, N.C. He carried a small stock of general merchandise, variously estimated to be worth from $1,000 to $2,500, and he also ran a gasoline filling station in connection with his store. This was of small value.

(2) On March 31, 1921, Hunt and wife executed to F. S. Royster Guano Company a mortgage to secure the payment of a preexisting debt amounting to $3,950.97.

(3) On April 6, 1921, Hunt and wife executed a deed of trust in favor of the Cherokee Hardware Company to secure a pre-existing debt amounting to $704.69.

(4) On April 8, 1921, Hunt executed to W. L. Matheson, one of the plaintiffs herein, a note for $1,050, secured by mortgage on a town lot worth from $300 to $500, stating at the time that he wanted to secure Matheson as far as he was able to do so.

(5) It was admitted on the hearing that, at the time of the execution of these mortgages, W. T. Hunt was indebted to the plaintiffs as follows: To the Standard Oil Company in the sum of $203.40, with interest from date until paid; to W. L Matheson, the sum of $1,050, with interest from June 24, 1921, until paid; to C. M. McClung & Co. in the sum of $468.37, with interest from the 31st day of May, 1921, until paid; and to W. N. Moore, guardian of Morris Moore, an infant, in the sum of $750, on which $100 was paid January 10, 1922, with interest on said $750 from the 25th day of ...