NORTH CAROLINA NAT. BANK v. EVANS

No. 773DC182.

241 S.E.2d 379 (1978)

35 N.C. App. 322

NORTH CAROLINA NATIONAL BANK v. Henry Thomas EVANS, Betty Trip Evans, and J. Russell Wooten.

Court of Appeals of North Carolina.

February 21, 1978.


Attorney(s) appearing for the Case

Everett & Cheatham by James T. Cheatham and Edward J. Harper, II, Greenville, for plaintiff-appellant.

Williamson, Shoffner & Herrin by Robert L. Shoffner, Jr., Greenville, for defendants-appellees.


HEDRICK, Judge.

Plaintiff assigns as error the order of the trial court granting summary judgment in favor of defendant Wooten, arguing "that there exists a genuine issue as to the material fact as to whether the conveyances from the defendants Evans to the defendant Wooten were voluntary and without adequate consideration . . .."

A conveyance with intent to defraud creditors is void in North Carolina. G.S. 39-15. The foundation of a claim seeking to set aside...

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