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LANCE v. COGDILL

No. 162.

71 S.E.2d 918 (1952)

236 N.C. 134

LANCE et al. v. COGDILL et al.

Supreme Court of North Carolina.

August 22, 1952.

Attorney(s) appearing for the Case

J. W. Haynes, Asheville, and Monroe M. Redden, Hendersonville, for plaintiff appellants.

J. E. Shipman and R. L. Whitmire, Hendersonville, for C. M. Cogdill, defendant appellee.

Geo. H. Wright, John F. Shuford and Bernard & Parker, Asheville, for George G. Westfeldt, Thomas D. Westfeldt and Louise W. McIlhenny, defendant appellees.

VALENTINE, Justice.

This action was instituted before the clerk as a processioning proceeding under G.S. Chapter 38 to fix and determine the true boundary line between the lands of plaintiffs and the lands of defendants. Upon the filing of answers by defendants the clerk, acting upon the apprehension that the answers converted the proceeding into an action to try title to real property, transferred the cause to the civil issue docket for trial of the issues raised...

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