112 N.C. 188
16 S.E 915
Supreme Court of North Carolina
Decided February 5, 1893
Supreme Court of North Carolina · decided 1893-02-05
(plaintiffs’ appeal). Civil action, tried at February Term, 1892, of Wilson Superior Court, before Bryan, J., and a jury. The action was in the nature of a creditor’s bill against the defendant Britton, as administrator of Dr. R. W. King, Peter Plines, trustee, and Carrie J. King, widow of the decedent and the holder of the note secured by the deed of trust, and sought to set aside the deed as fraudulent.
Decided 1893-02-05
¶1 We find no error in the ruling from which the plaintiffs have appealed. If the deed in trust made by Dr. King to secure the debt due to his wife is, at the instance of the plaintiffs, declared fraudulent and void, the real estate therein described will be sold and the proceeds will constitute assets for the payment of his debts. The Gode, §1446. If his wife is a creditor, she will be entitled to her share of those and other assets.
¶2 No Error.