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WALSTON v. W. H. APPLEWHITE & CO.

No. 234.

75 S.E.2d 138 (1953)

237 N.C. 419

WALSTON et al. v. W. H. APPLEWHITE & CO.

Supreme Court of North Carolina.

March 25, 1953.

Attorney(s) appearing for the Case

J. Faison Thomson & Son, Goldsboro, and J. Russell Kirby, Fremont, for plaintiffs, appellants.

W. Powell Bland, Bland & Bland and Paul B. Edmundson, Goldsboro, for defendant, appellee.

DENNY, Justice.

We have set out the pleadings and the evidence rather fully in our statement of facts for the reason we are unable to reconcile them with certain contentions argued in the respective briefs.

It will be observed that the plaintiffs do not allege in their complaint that the 5.9 acre tract of land, which they allege is owned in fee by Charles Walston, is subject to the dower of Mrs. Jeanette Day. Yet in their brief they do so contend. On the other...

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