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TYNDALL v. TYNDALL

No. 317.

95 S.E.2d 276 (1956)

245 N.C. 94

William Henry TYNDALL and wife, Vesta Genora Tyndall, v. R. F. TYNDALL and wife, Carrie Tyndall, P. A. Tyndall and wife, Mable Taylor Tyndall, Smithie May Tyndall and husband, Earl Tyndall, and Hattie Tyndall Dail and husband, A. B. Dail.

Supreme Court of North Carolina.

November 28, 1956.

Attorney(s) appearing for the Case

Lamar Jones and J. Harvey Turner, Kinston, for plaintiffs, appellants.

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

HIGGINS, Justice.

The only question presented by the appeal is the sufficiency of the evidence to survive the motion for nonsuit. The plaintiffs introduced the written contract. Their evidence tended to show that Emma Tyndall died in 1939 and A. E. Tyndall died in May, 1953. Before Tyndall's death the plaintiffs requested of R. F. Tyndall information as to the amount of encumbranches and expenses, and by way of reply received...

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