STILES v. TURPIN

No. 18.

77 S.E.2d 625 (1953)

238 N.C. 245

STILES et al. v. TURPIN.

Supreme Court of North Carolina.

September 23, 1953.


Attorney(s) appearing for the Case

W. R. Francis, Waynesville, and M. V. Higdon, Sylva, for plaintiff appellant.

Hugh Monteith, Orville D. Coward, and David M. Hall, Sylva, for defendant appellees.


BARNHILL, Justice.

The plaintiffs allege record title in the Dix Creek Missionary Baptist Church. Although they seek to invalidate this deed to real property, neither the grantor nor the grantees are made parties to the action. No fraud or undue influence is alleged. While they do allege want of power in the grantor to convey title, this is a conclusion of law and not an allegation of fact. G.S. § 115-45.

Furthermore, they allege in themselves and others...

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