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SMITH v. MOORE

No. 89.

118 S.E.2d 436 (1961)

254 N.C. 186

Carroll H. SMITH v. Matt R. MOORE and Milton R. Moore.

Supreme Court of North Carolina.

March 1, 1961.

Attorney(s) appearing for the Case

H. P. Whitehurst, David S. Henderson, and Ward & Tucker, New Bern, for plaintiff-appellant.

Robert G. Bowers and John W. Beaman, New Bern, for defendants-appellees.

RODMAN, Justice.

Much of the difficulty of determining the applicable legal principles stems from the failure to plainly and concisely state the facts as required by G.S. §§ 1-122 and 1-135. This failure seemingly beclouded the determinative issues. Giving the pleadings that liberal interpretation required by statute, G.S. § 1-151, these issues arose: (1) Was the road from defendants' residence to the Adams Creek Road, when C. C. Smith conveyed to his...

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