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MENZEL v. MENZEL

No. 20.

110 S.E.2d 333 (1959)

250 N.C. 649

Paul T. MENZEL and wife, Sarah E. Menzel (nee Sarah E. Creekmore) v. Lucile R. MENZEL and Pauline C. Menzel, Infant Children of Plaintiffs; Miles N. Overton and Grandy B. Overton. Pauline Menzel WILLIAMS, Petitioner, Movant, v. Charles Camden BLADES, Melick West Blades, and Lemuel Showell Blades, Jr., Trustees under that certain Agreement recorded in Deed Book No. 98 at page No. 402, office of the Register of Deeds of Pasquotank County, and Sarah E. Menzel (nee Sarah E. Creekmore).

Supreme Court of North Carolina.

September 23, 1959.

Attorney(s) appearing for the Case

LeRoy, Goodwin & Wells, Elizabeth City, for appellants.

Worth & Horner, Elizabeth City, for appellees.

RODMAN, Justice.

On 12 February 1912 summons issued for defendants from the Superior Court of Camden County in an action entitled "Paul T. Menzel and wife, Sarah E. Menzel (nee Sarah E. Creekmore) v. Lucile R. Menzel and Pauline C. Menzel, Infant Children of Plaintiffs; Miles N. Overton and Grandy B. Overton." This summons was returned "not to be found" as to all defendants.

In September 1912 plaintiffs filed a complaint alleging in substance: Bailey J. Overton...

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