103 S.E. 2 | N.C. | 1920
This is an action by the trustee in bankruptcy of Luther C. Arrowood to subject certain lands to a charge for money alleged to have been wrongfully invested by the bankrupt in building a barn and dwelling-house, and in making other improvements thereon, with the consent of the owner, William C. Arrowood, in fraud of the creditors of the bankrupt.
This case was before the Court at Fall Term, 1916,
Upon the last appeal the new trial was restricted to the second issue only. On the last trial, which is now brought up for review by this appeal, the issue submitted was, "Did the defendant, Luther C. Arrowood, *698
at the time he invested his individual funds in improvements on the land of William Arrowood, known as the `home place,' retain property fully sufficient and available for the satisfaction of his then creditors?" The jury responded that he did not. Upon this issue, and upon the issues found in the previous trial,
As to the questions raised upon the defendant's appeal, we think that in view of the full discussion on the three previous appeals, and on the trial below in this case, as to the allegations of fact upon which the defendants' exceptions are based, no further discussion is necessary.
As to both appeals we find
No error. *699