City National Bank of Norfolk v. Bridgers

Citations

• 19 S.E. 666
• 114 N.C. 383

Syllabus

<p>Fraudulent Conveyance — Dealings Between Brothers — Bwden of Proof.</p> <p>1. The existence of near relationship between parties to a’suspicious transaction often constitutes additional evidence of fraud for the jury, but, in the trial of an action to set aside a conveyance on the ground of fraud, it was error to instruct the jury that proof of the existence of near relationship between a grantor and grantee named in a deed amounts to a prima facie showing of fraud so as to make it incumbent on the parties upholding the deed to offer affirmative testimony to show good faith or submit to a verdict on an issue of fraud.</p> <p>2. In the trial of an action to set aside as fraudulent a deed of trust from one brother to ahother it is in the sound discretion of the trial Judge to permit counsel to comment on the failure of the defendant to introduce as witnesses other parties to the transaction.</p>