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HEGE v. SELLERS

No. 521.

84 S.E.2d 892 (1954)

241 N.C. 240

Spencer Lee HEGE and wife, Laura Edna Hege, H. L. Bondurant and wife, Nan Bondurant, Harry G. Garrison and wife, Ellen B. Garrison, Frank E. Killian and wife, Sarah B. Killian, Robert E. Sleet and wife, Mary W. Sleet, S. J. Moses and wife, Edith L. Moses, M. D. Pratt and wife, Elizabeth H. Pratt, Quentin Cooper and wife, Erna S. Cooper, R. T. McManeus, Jr. and wife, Barbara F. McManeus, Deibert M. Allen and wife, Julia F. Allen, B. B. Farlow and wife, Shirley O'B. Farlow, John M. Hunter and wife, Mary Anderson Hunter, Henry J. Cooper and wife, Azille S. Cooper, James E. McClain and wife, Margaret J. McClain, William M. Edwards and wife, Johnnie L. Edwards, E. R. Greene and wife, Marie K. Greene, Fred E. Brunson and wife, Harrilee L. Brunson, Dewey S. McHugh and wife, Clara McHugh, Richard W. Stoker and wife, Jane F. Stoker, American Trust Company, Trustee, Hollis P. Allen and wife, Alma C. Allen, v. Charles G. SELLERS and wife, lrene T. Sellers, J. L. Sides and wife, Ophelia M. Sides.

Supreme Court of North Carolina.

December 15, 1954.

Attorney(s) appearing for the Case

Francis H. Fairley, Charlotte, for plaintiffs, appellants.

Orr & Osborne, by Frank W. Orr, Charlotte, for defendants Sellers and wife, appellees.

McDougle, Ervin, Horack & Snepp, by Frank W. Snepp, Jr., Charlotte, for defendants Sides and wife, appellees.

HIGGINS, Justice.

During the course of the trial plaintiffs sought to prove by parol the date of the deed executed to the defendants Sellers and wife by the defendants Sides and wife. Objection to the testimony was sustained and became the basis of plaintiffs' Exception No. 7 and Assignment of Error No. 2. Ordinarily, parol evidence is incompetent to prove the contents of a written document. However, in this case the deed itself was later introduced in evidence by...

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