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HODGES v. HODGES

No. 172.

127 S.E.2d 567 (1962)

257 N.C. 774

Thomas E. HODGES v. Annie J. HODGES.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

Rountree & Clark and Isaac C. Wright, Wilmington, for plaintiff-appellant.

Louis A. Burney and Elbert A. Brown, Wilmington, for defendant-appellee.

PARKER, justice.

In our decision on the first appeal of this case we ordered a new trial for error in the charge to the jury. In our former decision in this case the Court speaking by Rodman, J., said:

"The crucial questions were: First, was a trust imposed on the proceeds derived from the sale of the Sixth Street lot? If so, were the funds derived from that sale invested in the lot on Twenty-First Street, or were they, as defendant contends, used to purchase...

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