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BOLTON v. HARRISON

No. 309.

108 S.E.2d 666 (1959)

250 N.C. 290

Rachel C. BOLTON and husband, Richard Bolton; Martha C. Davis and husband, Sidney Davis; Carrie C. Murphrey and husband, W. R. Murphrey; Esteile G. Lane and husband, George Lane; Dorothy Roberts and husband, John Milton Roberts; Mignon C. Sullivan and husband, Clyde Sullivan; J. W. Coley, Jr., and wife, Faye Coley; and Frank Coley, Minor, by his Next Friend, Mrs. Bettie Coley, v. Mrs. G. A. (Doris) HARRISON, Widow; Alford Harrison and wife, Lydia Harrison; Frank Harrison and wife, Mildred Harrison; Bernard Harrison and wife, Doris Harrison; David Lee Harrison, Minor; LeRoy Harrison and wife, Joyce Harrison; Douglas Harrison, a Minor; Faye Harrison, a Minor; Margaret H. Hux and husband, Clifton Hux; Elizabeth H. Van Landingham and husband, Paul Van Landingham, Ruth Lovegrove and husband, Joe Lovegrove.

Supreme Court of North Carolina.

May 20, 1959.

Attorney(s) appearing for the Case

Paul B. Edmundson, Jr., Goldsboro, Henry C. Bourne, Tarboro, for defendants.

J. Faison Thomson & Son, by J. Faison Thomson, Goldsboro, for plaintiffs.

HIGGINS, Justice.

The plaintiffs' appeal challenges the nonsuit as to all plaintiffs except Frank Coley upon the grounds (1) the Land Bank foreclosure sale was void for fraud, collusion, and the breach of trust, and for want of service of process; and (2) Paul Coley, Luther Coley, and J. W. Coley acquired title to the tract of land described in Item 5 of the Will under such circumstances as in equity made them trustees for the plaintiffs' interests as remaindermen...

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