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VANDIFORD v. VANDIFORD

No. 317.

84 S.E.2d 278 (1954)

241 N.C. 42

W. A. VANDIFORD and Arthur Vandiford, v. H. G. VANDIFORD and wife, Montie Pearl Vandiford.

Supreme Court of North Carolina.

November 3, 1954.

Attorney(s) appearing for the Case

J. Faison Thomson & Son, Goldsboro, Walter G. Sheppard, Snow Hill, for plaintiffs, appellees.

Jones, Reed & Griffin, Kinston, for defendants, appellants.

BOBBITT, Justice.

G.S. § 41-10, in pertinent part, provides: "An action may be brought by any person against another who claims an estate or interest in real property adverse to him for the purpose of determining such adverse claims".

As stated by Denny, J., in Ramsey v. Ramsey, 224 N.C. 110, 29 S.E.2d 340, 342: "Ordinarily any person claiming title to real estate, whether in or out of possession, may maintain an action to remove a cloud from title against...

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