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EDWARDS v. BATTS

No. 233.

97 S.E.2d 101 (1957)

245 N.C. 693

J. W. EDWARDS, J. H. Edwards and Planters National Bank & Trust Company, Rocky Mount, N. C., Guardian of Cadmus Edwards, v. William Frederick BATTS, William E. Pully, Jr., Young A. Pully and his wife, Marshall S. Pully, William E. Pully, Jr., and Young A. Pully, Executors of the Estate of William E. Pully, Sr., and W. M. Spears, Trustee for the City Industrial Bank of Rocky Mount, and City Industrial Bank of Rocky Mount.

Supreme Court of North Carolina.

March 27, 1957.

Attorney(s) appearing for the Case

William W. Jones, Suffolk, Va., and Philips & Philips, Tarboro, for plaintiffsappellants.

Thorp & Thorp, Rocky Mount, for defendant William Frederick Batts, appellee.

Spruill & Spruill and John M. King, Rocky Mount, for other defendants-appellees.

BOBBITT, Justice.

Decision must be based on the relevant facts alleged by plaintiffs. Pressly v. Walker, 238 N.C. 732, 78 S.E.2d 920. Plaintiffs' conclusions of law are not admitted by the demurrers. McKinney v. City of High Point, 237 N.C. 66, 74 S.E.2d 440.

A deed to husband and wife, nothing else appearing, vests the title...

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