Joines v. Anderson

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 property from possible equitable distribution proceedings commenced by plaintiffs now former wife.

At the time of the conveyance, Jerry was…