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SMITH v. PEOPLES BANK & TRUST COMPANY

No. 234.

119 S.E.2d 623 (1961)

254 N.C. 588

Jimmie D. SMITH v. PEOPLES BANK & TRUST COMPANY.

Supreme Court of North Carolina.

May 3, 1961.

Attorney(s) appearing for the Case

Fountain, Fountain, Bridgers & Horton, Tarboro, for plaintiff, appellant.

Thorp, Spruill, Thorp, Trotter & Biggs, Rocky Mount, for defendant, appellee.

BOBBITT, Justice.

The deed of November 27, 1946, contains a representation that defendant in its capacity as trustee under the will of C. G. Shearin owns and conveys four undivided one-sixth interests in the land described therein. The source of C. G. Shearin's title to each undivided one-sixth interest is stated. The ownership of the undivided one-sixth interest referred to in the deed as having been acquired by C. G. Shearin "under the Will of G. T. Shearin," was...

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