BORDEN, INC. v. WADE

No. 736SC823.

203 S.E.2d 666 (1974)

21 N.C. App. 205

BORDEN, INC. and J. Edgar Moore, Trustee in Bankruptcy for Wilbur T. Wade and wife, Clorene Allen Wade v. Wilbur T. WADE et al. J. Edgar MOORE, Trustee in Bankruptcy for Wilbur Thomas Wade and wife, Clorene Allen Wade, Bankrupts v. Roy Whitley BROWN et al.

Court of Appeals of North Carolina.

April 3, 1974.


Attorney(s) appearing for the Case

Leroy, Wells, Shaw, Hornthal & Riley by L. P. Hornthal, Jr., Elizabeth City, for plaintiff appellees.

Revelle, Burleson & Lee by L. Frank Burleson, Murfreesboro, for defendant appellants.


VAUGHN, Judge.

The transfers under attack in this lawsuit bear all the badges of fraud. Defendants did not respond to plaintiffs' motion for summary judgment. If defendants had simply responded by affidavits tending to show, for example, that "full value" was paid for the property then summary judgment clearly would have been inappropriate for summary judgment is not a vehicle for conducting a trial by affidavits. Despite defendants' failure to respond, we hold that...

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