EWING v. CALDWELL

No. 319.

89 S.E.2d 774 (1955)

243 N.C. 18

Mary A. EWING and Aurie A. Coomer v. Daisy CALDWELL.

Supreme Court of North Carolina.

November 2, 1955.


Attorney(s) appearing for the Case

McBee & McBee, Spruce Pine, G. D. Bailey and W. E. Anglin, Burnsville, for defendant, appellant.

Fouts & Watson, Burnsville, for plaintiffs, appellees.


BOBBITT, Justice.

It is not alleged that the deed of 10 June, 1950, from Martha Armstrong to Daisy Caldwell, is void. The allegation made is that Martha Armstrong "understood" that she was conveying her one-half interest in the realty of the partnership as security, it being "the actual intent of Martha Armstrong to secure the investment of $10,417.18 of Daisy Caldwell."

In the absence of allegation that the partnership was dissolved and a settlement between...

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