Worthy v. Brady

• Decision Date: 24 March 1891
• Court: North Carolina Supreme Court
• Parties: Worthy v. Brady et al.

12 S.E. 1034

108 N.C. 440

Worthy

v.Brady et al.

Supreme Court of North Carolina.

March 24, 1891.

Fraudulent Conveyances—Consideration— Property Retained.

1. A deed to the grantor's son, in consideration of his supporting his two deaf and dumb brothers, is on valuable consideration, and to avoid it as to creditors a fraudulent intent must be shown.

2. Under Rev. Code N. C. c. 50, § 3, declaring voluntary conveyances void as to creditors, unless the grantor retains property "fully sufficient and available for the satisfaction of his then creditors, " an instruction that to make such a deed valid the grantor must have retained property "amply sufficient to pay his existing debts" is sufficient.

3. Where part of the reserved estate consisted of debts contracted during the late civil war, and hence subject to be scaled, their value is a question lor the jury, and it is proper to refuse to instruct that they must be left out of consideration, unless they were collected within the time limited by the general assembly.

4. It is not true, as a general proposition, that this reserved estate must not consist wholly in stocks, bonds, or other securities, public or personal, but must be such as is accessible to final process against the debtor.

Affirming 91 N. C. 265.

On rehearing. For former report, see 91 N. C. 265, (before the publication of the Southeastern Reporter.)

J. W. Hinsdale, for appellant.

W. E. Murchison, for appellees.

Merrimon, C. J. This is an application to rehear the case of Worthy v. Brady, 91 N. C. 265. We have re-examined the grounds of the decision in that case, particularly in the respect complained of, with care and scrutiny, and are satisfied that the instructions in question given the jury were substantially correct, and for the reasons clearly stated by the late Chief Justice Smith. The petition must therefore be dismissed. It is so ordered.

Rehearing denied.