IJAMES v. SWAIM

No. 599.

103 S.E.2d 507 (1958)

248 N.C. 443

Hazel IJAMES and husband, Howard I James; Undine Jackson and husband, Ellis Jackson; Hildreth Haney and husband, Clay Haney; C. Wayland Swaim; Darrell B. Swaim and wife, Bertha Swaim; and Homer Lee Swaim, by Darrell B. Swaim, Attorney In Fact, v. William Sherman SWAIM and wife, Janice A. Swaim.

Supreme Court of North Carolina.

May 21, 1958.


Attorney(s) appearing for the Case

D. C. McRae, Haworth & Riggs, by John Haworth, High Point, for plaintiffs, appellants.

York & York, by C. A. York, Jr., High Point, for defendants, appellees.


HIGGINS, Justice.

For the purposes of this appeal, the parties agree the judgment below is correct unless the consent decree in the partition proceeding operates as a conveyance of Lots Nos. 1 and 11 to Homer L. Swaim. The decree must be interpreted in the light of the matters in controversy in the proceeding and the purposes the parties thereto intended to accomplish by it.

Prior to the institution of the partition proceeding the plaintiffs' ancestor, Homer...

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