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GRIFFIN v. TURNER

No. 28.

104 S.E.2d 829 (1958)

248 N.C. 678

J. W. GRIFFIN v. G. L. TURNER and wife, Amelia S. Turner; Willie E. Turner and wife, Ethel W. Turner; E. R. Turner (unmarried); Odette T. Webb and husband, L. G. Webb; H. D. Turner and wife, Maude B. Turner; Olla T. Spruill and husband, Phillip Spruill; Bessie T. Hyatt and husband, T. D. Hyatt; C. P. Turner and wife, Maidie Turner.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

LeRoy & Goodwin, Elizabeth City, for plaintiff appellant.

W. S. Privott, Edenton, for defendant appellee L. G. Webb.

Worth & Horner, Elizabeth City, for all defendants other than L. G. Webb.

RODMAN, Justice.

Plaintiff offered evidence sufficient to establish the execution of the writings of 6 April and 11 April, a demand for performance, and defendants' refusal to convey. He likewise offered evidence tending to show that subsequent to the institution of the action defendants had cut and removed timber. No evidence was offered to show that the defendants, other than L. G. Webb, W. E. Turner, and G. L. Turner, authorized the execution of the paper writings...

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