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GREEN v. FIDELITY-PHENIX FIRE INS. CO.

No. 161.

64 S.E.2d 162 (1951)

233 N.C. 321

GREEN et al. v. FIDELITY-PHENIX FIRE INS. CO.

Supreme Court of North Carolina.

March 21, 1951.

Attorney(s) appearing for the Case

W. Y. Wilkins, Jr., Tryon, for plaintiffs, appellants.

M. R. McCown, Tryon, and J. Lee Lavender, Old Fort, for defendant, appellee.

ERVIN, Justice.

The first appeal raises these questions:

1. Is the plaintiff Gosnell, the insured and mortgagor, bound by the award of the appraisers?

2. Is the plaintiff Green, the mortgagee, bound by it?

In deciding these questions, we must assume that the allegations of fact in the complaint are true. This is so because the judgment was entered on the pleadings pursuant to the motion of the defendant. Raleigh v. Fisher, 232...

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