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TOOMES v. TOOMES

No. 530.

119 S.E.2d 442 (1961)

254 N.C. 624

Joe W. TOOMES and wife, Connie Marie Toomes, Petitioners, v. Robert F. TOOMES (Single), Ralph V. Toomes and wife, Ruth Toomes, Defendants.

Supreme Court of North Carolina.

May 3, 1961.

Attorney(s) appearing for the Case

John R. Hughes and Harry Rockwell, Greensboro, for intervenors, appellants.

H. Wade Yates, Asheboro, for petitioners, appellees.

Ottway Burton, Asheboro, for defendants, appellees.

PER CURIAM.

The office of demurrer is to test the sufficiency of a pleading, and for that purpose it admits the truth of the facts contained in the pleading. Buchanan v. Smawley, 246 N.C. 592, 595, 99 S.E.2d 787. Applying this rule, the original parties admit, for the purpose of the demurrer, the following facts alleged: Intervenors were not served with summons in the former proceeding; the 1937 sale...

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