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EAST CAROLINA LUMBER COMPANY v. WHITFORD

No. 93.

110 S.E.2d 281 (1959)

250 N.C. 686

EAST CAROLINA LUMBER COMPANY, Incorporated, v. G. A. WHITFORD, Jr., Administrator C. T. A. of the Estate of G. A. Whitford, deceased; Sarah Lucretia Whitford; G.A.Whitford, Jr. and wife, Lula Ipock Whitford; Vera Whitford Toler and husband, Isiah W. Toler; Craven County, a body politic and corporate; B. O. Jones, Trustee, and T. D. Warren, Jr., Receiver.

Supreme Court of North Carolina.

September 23, 1959.

Attorney(s) appearing for the Case

Hugh L. Willcox, Florence, S. C., Royce C. McClelland, Wilmington, and Jones, Reed & Griffin, Kinston, for plaintiff, appellant.

Barden, Stith & McCotter, Ward & Tucker, New Bern, Rodman & Rodman, Washington, Norman & Rodman, Plymouth, Thorp, Spruill, Thorp & Trotter, Rocky Mount, R. A. Nunn, New Bern, B. B. Hollowell, Bayboro, and R. E. Whitehurst, New Bern, for defendants, appellees.

PER CURIAM.

This action was commenced by summons issued August 12, 1958. (In East Carolina Lumber Co. v. Whitford, 242 N.C. 730, 89 S.E.2d 382, this Court passed upon the sufficiency of the complaint in a prior action between the same parties relating to the same lands.)

While different parties defendant and different lands are involved, plaintiff's appeal presents the questions decided in...

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