Brice v. Moore

ARNOLD, Judge.

In ruling on a motion for summary judgment the court must look at the record in the most favorable light to the party opposing the motion. Peterson v. Winn-Dixie, 14 N.C. App. 29, 187 S.E. 2d 487 (1972). Respondent is the party opposing the motion here, and he contends in his first argument that summary judgment for petitioner was error because his assertion that he “had no intention to make a gift to the wife” was sufficient to rebut the presumption that the transfer was a gift to the wife. We disagree.

Where a husband pays for land and has the deed made to himself and wife as…