Moorefield v. Roseman, 198 N.C. 805 (1930)

June 6, 1930 · Supreme Court of North Carolina

198 N.C. 805

G. F. MOOREFIELD v. R. L. ROSEMAN et al.

(Filed 6 June, 1930.)

Fraudulent Conveyances C e — Joinder oí beneficiaries in deeds of trust in action to set aside the deeds as fraudulent is not misjoinder.

In an action by a judgment creditor to set aside alleged fraudulent conveyances of property by deeds of trust and mortgages as made to hinder delay and defraud him in the collection of his judgment under execution, the joinder therein of the grantees and beneficiaries in the deeds is not objectionable as a misjoinder, C. S., 456, and demurrer to the complaint alleging such conveyances entered on the ground of misjoinder of causes and parties, and that it failed to state a cause of action is properly overruled.

Appeal by defendants from Stack, J., at November Term, 1929, of RowaN.

Affirmed.

This is an action to have certain transfers of personal property and certain conveyances of land by mortgages and deeds of trust, made by defendant R. L. Roseman to his codefendants, declared void as against the plaintiff, a judgment creditor of said defendant, for that same were made with intent to hinder, delay and defraud plaintiff in the collection of his judgment.

From judgment overruling demurrers to the complaint, defendants appealed to the Supreme Court.

P. S. Garitón and R. Lee Wright■ for plaintiff.

Rendleman & Rendleman for defendants.

Per Curiam:.

At February Term, 1929, of tbe Superior Court of Bowan County, in an action begun in said court on 15 August, 1928, plaintiff recovered of the defendant, B. L. Boseman, a judgment for tbe sum of $725 as damages resulting from an assault committed on plaintiff by said defendant. Tbe said judgment bas not been satisfied, notwithstanding executions have been issued against botb tbe property and tbe person of tbe defendant. Tbe execution against tbe property of tbe defendant was returned unsatisfied; tbe defendant has procured bis discharge from tbe execution against bis person by taking tbe oath prescribed by statute for insolvent debtors. C. S., 1631.

In this action plaintiff alleges that at tbe commencement' of tbe action in which plaintiff recovered judgment against tbe defendant, B. L. Boseman, tbe said defendant was tbe owner of considerable property, botb real and personal; that during tbe pendency of said action, in anticipation of plaintiff’s recovery therein, and with intent to binder, delay and defraud tbe plaintiff, tbe said defendant transferred bis personal property and conveyed bis real estate by mortgages and deeds of trust to certain of bis codefendants; that tbe defendants to whom be transferred bis personal property paid nothing therefor, an'd that the alleged indebtedness secured by tbe mortgages and deeds of trust, was and is, wholly or in part, fictitious. Upon tbe allegations of bis complaint, plaintiff prays judgment that said transfers and said mortgages and deeds of trust be declared void, to tbe end that tbe personal property and tbe real estate transferred and conveyed thereby may be subjected to tbe jjayment of bis judgment.

Plaintiff moved that tbe beneficiaries named in tbe mortgages and deed of trust be made parties defendant. This motion was allowed. It was ordered that plaintiff have thirty days within which to have summons served on new parties.

There was no error in tbe judgment overruling tbe demurrer for that tbe facts stated in tbe complaint are not sufficient to constitute a cause of action, or for that several- causes of action have been improperly united. Tbe facts stated in tbe complaint constitute a cause of action against tbe defendant, B. L. Boseman; tbe other defendants are necessary parties for a complete determination of tbe action. C. S., 456. Tbe judgment is

Affirmed.