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NEW AMSTERDAM CASUALTY COMPANY v. WALLER

No. 8480.

301 F.2d 839 (1962)

NEW AMSTERDAM CASUALTY COMPANY, Appellee and Cross-Appellant, v. Gladys N. WALLER, Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1962.

Attorney(s) appearing for the Case

Willis Smith, Jr., and C. K. Brown, Jr., Raleigh, N. C. (Smith, Leach, Anderson & Dorsett, Raleigh, N. C., on brief), for appellee and cross-appellant.

Charles B. Nye, Durham, N. C., for appellant and cross-appellee.

Before SOPER, HAYNSWORTH and BRYAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

In this action by a creditor to reach real estate improved by expenditures of the debtor's money but held in the name of the debtor's wife, the District Court held, in the absence of an affirmative intention to defraud the creditor, the action was not controlled by the North Carolina 3-year statute of limitations applicable to actions founded upon fraud.1 Since expenditure of the debtor's funds to improve the...

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