SUTTON v. QUINERLY

No. 382.

58 S.E.2d 709 (1950)

231 N.C. 669

SUTTON et ux. v. QUINERLY et al., and four other cases.

Supreme Court of North Carolina.

April 12, 1950.


Attorney(s) appearing for the Case

John G. Dawson, Kinston, Varser, McIntyre & Henry, Lumberton, for petitioners-appellants.

Whitaker & Jeffress, Kinston, Hugh Dortch, Goldsboro, for respondents-appellees.


SEAWELL, Justice.

The principal assignments of error fall into two classes: Objections to the interpretation Judge Grady gave to the orders of consolidation as being too broad, thereby "spreading" his conception of the devise in Item 5th of the will, and possibly the effectiveness of the plea of res judicata over all the proceedings so consolidated; and those designed to preserve the contention that appellants are devisees under the will. We do not find it...

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