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SMITH-DOUGLASS, DIV. OF BORDEN CHEMICAL v. KORNEGAY

No. 834SC1039.

318 S.E.2d 895 (1984)

SMITH-DOUGLASS, DIVISION OF BORDEN CHEMICAL, BORDEN, INC. v. Ellis Gerald KORNEGAY, Connie M. Kornegay, Kelvin Lyndell Kornegay, Cecil E. Kornegay, and Jean H. Kornegay. FIRST-CITIZENS BANK & TRUST COMPANY v. Ellis Gerald KORNEGAY, Connie M. Kornegay, Kelvin Lyndell Kornegay, Cecil E. Kornegay, and Jean H. Kornegay.

Court of Appeals of North Carolina.

September 4, 1984.

Attorney(s) appearing for the Case

George R. Kornegay, Jr., P.A. by Janice S. Head and George R. Kornegay, Jr., Mount Olive, for defendant-appellants.

Ward & Smith, P.A., by Michael P. Flanagan, New Bern, for plaintiff-appellee, First-Citizens Bank & Trust Company.

BECTON, Judge.

This appeal presents one narrow question, whether the trial court properly granted summary judgment to creditors seeking to have a transfer of real estate declared void. We find a material issue of fact as to adequacy of consideration, and we, therefore, reverse.

I

At the time these events occurred, the Kornegay defendants were farmers, with two main farming operations. One farming operation belonged to Ellis Gerald Kornegay (Gerald...

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