OXENDINE v. LEWIS

No. 738.

114 S.E.2d 706 (1960)

252 N.C. 669

Roy OXENDINE (Original Plaintiff), William L. Oxendine, Adm'r of Roy Oxendine, Deceased; William L. Oxendine and Wife, Lou Henry Lowry Oxendine, James W. Oxendine and Wife, Louise Smith Oxendine (Additional Plaintiffs), v. H. S. LEWIS (Original Defendant), Gertrude Mitchell Hunt and Husband, Graddy Hunt, James Mitchell and Wife, Margaret Mitchell, Addie Mae Mitchell Barnes and Husband, Cleveland Barnes, Cletus Mitchell Pulos and Husband, George Pulos, Earl Ray Mitchell and Wife, Lena Belle Mitchell, Bearl David Mitchell and Wife, Marilyn Mitchell, Vardell Oxendine and Wife, Helen Oxendine, James Cleo Freeman, Unmarried, and Lena Mae Freeman, Unmarried, and W. H. Humphrey, Jr., Guardian ad litem for James Cleo Freeman and Lena Mae Freeman, Minors (Additional Defendants).

Supreme Court of North Carolina.

June 10, 1960.


Attorney(s) appearing for the Case

Johnson & Biggs, by E. M. Johnson, Lumberton, for plaintiffs, appellees.

Britt, Campbell & Britt, by David M. Britt, Fairmont, for additional defendants, appellants.

W. H. Humphrey, Jr., Lumberton, for original defendant, appellant, and guardian ad litem for James Cleo Freeman and Lena Mae Freeman, Minors, defendants, appellants.


PARKER, Justice.

A former appeal in this case, wherein Roy Oxendine was plaintiff and H. S. Lewis was defendant, is reported in 251 N.C. 702, 111 S.E.2d 870, and was remanded for additional parties. Since the former appeal, Roy Oxendine has died. In the former appeal, and in parts of the record the christian name of Malinda Oxendine Hunt is set forth as Melinda. We use here Malinda

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