EVERETT v. GAINER

No. 32.

153 S.E.2d 90 (1967)

269 N.C. 528

L. R. EVERETT, R. H. Everett, R. F. Everett, D. G. Matthews, Jr., and D. G. Matthews, Sr., t/a Slade, Rhodes Company, Plaintiffs, v. Lena GAINER, Boston Gainer, Ollie Gainer and Joe Henry Gainer, Original-Defendants, Katie Lee Gainer, Beatrice H. Gainer and Lenora Gainer, Additional Defendants.

Supreme Court of North Carolina.

March 1, 1967.


Attorney(s) appearing for the Case

Edgar J. Gurganus, Williamston, for plaintiffs.

R. L. Coburn, Williamston, for defendants.


BRANCH, Justice.

The sole question presented for decision is: Did the court below err in entering judgment of nonsuit at the close of plaintiffs' evidence?

In the case of Aman v. Walker, 165 N.C. 224, 81 S.E. 162, Justice Allen states the principles relating to fraudulent conveyances, two of the pertinent principles being as follows:

"(2) If the conveyance is voluntary and the grantor does not retain property fully sufficient and available to pay...

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