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WURLITZER DISTRIBUTING v. SCHOFIELD

No. 7922SC12.

261 S.E.2d 688 (1980)

44 N.C. App. 520

WURLITZER DISTRIBUTING CORPORATION v. John C. SCHOFIELD and wife, Victoria R. Schofield, John S. Schofield and wife, Charlotte M. Schofield.

Court of Appeals of North Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller & Smith by G. Thompson Miller, Lexington, for plaintiff-appellee and plaintiff-appellant; and Stoner, Bowers & Gray by Carl W. Gray, Lexington, for Trustee in Bankruptcy for John C. Schofield.

Wilson, Biesecker, Tripp & Wall by Joe E. Biesecker and Roger S. Tripp, Lexington, for John C. Schofield, defendant-appellant and defendant-appellee.

Robert M. Davis, Salisbury, for John S. Schofield, defendant-appellant and defendant-appellee.

MORRIS, Chief Judge.

Under G.S. 39-15 a conveyance made with the intent to defraud creditors is void. A claim seeking to set aside a deed as a fraudulent conveyance can be established in accordance with legal principles set out in the landmark case of Aman v. Walker, 165 N.C. 224, 81 S.E. 162 (1914), as applied in the recent case of North Carolina National Bank v. Evans, 296 N.C. 374, 250 S.E.2d 231

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