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JOINES v. ANDERSON

No. COA02-1479.

587 S.E.2d 926 (2003)

John Barry JOINES, Plaintiff, v. Jerry Dean ANDERSON and wife, Janney Elizabeth Anderson and The North Carolina Department of Revenue, Defendants.

Court of Appeals of North Carolina.

November 18, 2003.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Alexandra M. Hightower, for the State.

Tomblin & Perry, by A. Clyde Tomblin, Spindale, for plaintiff-appellant.

TIMMONS-GOODSON, Judge.

John Barry Joines ("plaintiff") appeals from an order of the trial court granting summary judgment to the North Carolina Department of Revenue ("defendant").

The evidence presented at the hearing on summary judgment tended to show the following. Plaintiff transferred real property in fee simple to his uncle, Jerry Dean Anderson ("Jerry"), without reservation rights. There is no question that the conveyance was intended to protect the...

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