Harrigan v. Bailey

Full title: Harrigan v. Bailey

Court: Superior Court of Delaware, Sussex County

Date published: Apr 1, 2008

C.A. No. 07C-07-020 (THG) (Del. Super. Ct. Apr. 1, 2008)

Opinion

C.A. No. 07C-07-020 (THG).

April 1, 2008.

H. Clay Davis, III, Esquire, Georgetown, DE.

Richard E. Berl, Jr., Esquire, Smith, O'Donnell, Procino Berl, Georgetown, DE.

T. HENLEY GRAVES, Resident Judge

Dear Counsel:

I have read your submissions in regard to the Plaintiff's Motion for Summary Judgment.

It appears that matters of fraudulent intent are questions of fact. Since both parties disagree as to the "why" concerning the transfer of the real property, I can not grant summary judgment. Ebersole v. Lowengrub, 180 A.2d 467, 470 (Del. 1962).

Plaintiff's motion for summary judgment is denied.

IT IS SO ORDERED.