[Download] "North Carolina Department of Correction v. Gibson" by Supreme Court of North Carolina # eBook PDF Kindle ePub Free

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eBook details

• Title: North Carolina Department of Correction v. Gibson
• Author : Supreme Court of North Carolina
• Release Date : January 05, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

This appeal is from an order dismissing the complaint against defendant Amy Blaugh Oates for failure to state a claim for which relief can be granted pursuant to the provisions of Rule 12(b)(6), N.C. Rules of Civil Procedure. The alleged basis for plaintiffs action against defendants -- to recover $28,106.07 and set aside as a fraud on creditors deeds that defendant Amy Blaugh Oates either received from or at the directive of Timothy Oates -- is that: Timothy Oates, a fellow lawyer and longtime friend, induced him to indemnify a judgment creditor of his and to make good his worthless check by falsely representing that he and his wife had conveyed certain real estate to him as security; that Amy Blaugh Oates conspired with her husband to accomplish the frauds; and that while he was indebted to plaintiffs indemnitee and others Timothy Oates gratuitously conveyed or had conveyed property to his wife in fraud of his creditors. More specifically, the complaints allegations and the exhibits incorporated therein indicate the following: In January 1983 Concrete Service Corporation sued Timothy Oates for several thousand dollars allegedly owed because of an unfair or deceptive trade practice. While that action was scheduled for trial, on 11 April 1985 Timothy Oates conveyed certain solely owned real estate to himself and his wife as tenants by the entireties.

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