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HAYES v. RICARD

No. 238.

93 S.E.2d 540 (1956)

244 N.C. 313

Virginia Lamm HAYES and husband, J. F. Hayes; Bessie H. Lamm; Zelma Lamm Poythress and husband, T. M. Poythress, and Temple Ann Hayes, an infant appearing herein by her next friend, J. W. Harrison v. Eunice Williamson Decker RICARD and Free Will Baptist Orphanage, Inc.

Supreme Court of North Carolina.

June 26, 1956.

Attorney(s) appearing for the Case

Gardner, Connor & Lee, by Cyrus F. Lee, Wilson, for defendant Eunice W. Ricard, appellant.

Lamb, Lamb & Daughtridge, by V. F. Daughtridge, Wilson, Cooley & May, by Hubert E. May, Nashville, for plaintiffs, appellees.

HIGGINS, Justice.

At the outset it is necessary to determine whether this action is simply to remove cloud upon title or whether it is a suit in ejectment. The nature of the action is not determined by what either party calls it, but by the issues arising on the pleadings and by the relief sought.

The plaintiffs alleged they are owners and entitled to possession of the land in controversy; that the defendant claims...

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