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NUNN v. GIBBONS

No. 668.

106 S.E.2d 499 (1959)

249 N.C. 362

Troy NUNN, Administrator, Verllan Nunn Estate; Troy Nunn, Individually (unmarried); L. C. Nunn and wife, Virginia Nunn, Mrs. Loma Wilson and husband, Boyd Wilson; Eva Turney and husband, Robert Turney; Mrs. Grady N. Jackson and husband, Woodrow Jackson, and Beulah N. Gibbons, Petitioners, v. Ronnie (Romey) GIBBONS; Thelma Nunn Mitchell and husband, Murray Mitchell, Respondents.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

Norman and Reid, Pilot Mountain, for appellants.

John H. Blalock, Edward N. Swanson, Pilot Mountain, for appellees.

WINBORNE, Chief Justice.

The sole assignment of error on this appeal is based upon exception by respondents to the ruling of the trial court in allowing motion of petitioners, made at the close of respondents' evidence, for judgment as of nonsuit. Considering the pleadings, shown in the record on this appeal, stripped of extraneous matter appropriate in a special proceeding to sell real estate for partition among tenants in common, G.S. § 46-1, et seq., it is...

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