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SHIMER v. TRAUB

No. 307.

94 S.E.2d 363 (1956)

244 N.C. 466

John SHIMER, Charles R. Shimer and F. E. Wallace, Jr. v. Emanuel TRAUB.

Supreme Court of North Carolina.

September 19, 1956.

Attorney(s) appearing for the Case

William F. Simpson, Kinston, for appellants.

Sutton & Greene and James H. Brooks, Kinston, for appellee.

DENNY, Justice.

It is the law in this State that a cause of action for breach of warranty of title to real estate does not arise until there has been an ouster or eviction of the grantee or grantees under a superior title. Sprinkle v. City of Reidsville, 235 N.C. 140, 69 S.E.2d 179; Richmond Cedar Works v. J. L. Roper Lumber Co., 161 N.C. 603, 77 S.E. 770; Fishel v. Browning, 145 N.C. 71, 58 S.E....

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